Legal Question in Real Estate Law in California

Selling vacant land without a title search or Realtor

My husband and I have 1.25 acre of vacant land for sale which we own free and clear. We may have a cash buyer. How can we convey title to the buyer(s) legally without going through escrow, hiring a Realtor or paying closing costs? Can we simply have the trust deed notarized and sign it over to them. Then what - would we have the title recorded in the County Recorder's Office? Or is there some other simple way to do this?

We live in a rural area where land is not selling well and no local Realtor wants to list the land. The land is scenic, buildable, and priced fairly. We do not intend to make a profit but want to sell the land and not have to pay taxes on it any longer.

Thank you for your help.


Asked on 8/20/99, 10:15 pm

2 Answers from Attorneys

Ken Koury Kenneth P. Koury, Esq.

Re: Selling vacant land without

yes, you can just sing a deed and trade it for a check but make sure it is a cashiers check to protect yourself.

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Answered on 8/25/99, 1:06 am
Thomas W. Newton Tims & Newton

Re: Selling vacant land

I agree with Mr. Koury's suggestion on getting a

cashiers check if you elect to proceed without a

broker or escrow.

Personally, I'd recommend against it, as there are

numerous procedural aspects of a real property

transfer that a broker and escrow can handle to

make your life easier.

For example, either you or the buyer will need to

pay a documentary transfer tax to the county in

which the property is located. There are issues

regarding the sale of real property to foreign

nationals or entities, and asssociated paperwork.

You'll need to reach agreement on pro-ration and payment

of property taxes now due or coming due on the

property.

Buying and selling property can be tricky under

the best of circumstances. I strongly recommend

that you consider the costs associated with a

broker and/or escrow as insurance that all the

necessary documentation has been accomplished.

The foregoing information is provided as an

accomodation only, and does not constitute

specific legal advice based on a review of all

relevant facts or documents. Further, provision

of the information cannot be construed to create

an attorney-client relationship.

Best of luck,

TWN

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Answered on 8/25/99, 1:40 am


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