Legal Question in Family Law in California

Can a homeowner who may be ordered to sell her home due to divorce, put the house on the market " for sale by owner.


Asked on 2/08/17, 6:49 pm

2 Answers from Attorneys

Arlene Kock Law Offices of Arlene D. Kock APLC

If the parties agreed to this arrangement in there should be no problem. If one party objects, then the court would most likely require that the parties list the property with a qualified real estate agent in order to be certain that the house is being correctly marketed and sold.

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Answered on 2/08/17, 7:13 pm

I agree with Ms. Kock's answer, and would add that independent study after independent study has shown that people who use qualified real estate agents get prices that are enough higher than FSBO's that it not only covers the agents' commissions but yields more cash at the end for the seller, while relieving the seller of all the risks of failure to comply with, or even know, all the laws and regulations involved in a sale. Using an agent will mean less legal risk, guidance through the maze of paperwork it takes now a days to sell real property, guidance through the escrow process, help with marketing, and in the end more money in your pocket. I'm a real estate lawyer, and yet I have only once sold a property without an agent, and that was because I already had a buyer lined up when I decided to sell the property. Otherwise FSBO is a losing proposition.

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Answered on 2/09/17, 11:10 am


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