From Deseret News archives:

Skipping the Realtor

Some home sellers attempt to avoid brokerage fees

Published: Saturday, June 26, 2004 6:22 p.m. MDT
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"The reason that we listed the house 'for sale by owner' in the first place is because my wife's parents had a very positive experience selling their house by owner," Child said. "We were encouraged by the fact that our neighborhood seemed to be a popular place for people to look. We're the fourth family in our neighborhood to do it like this."

Child said he got a call from a real estate agent who happened to drive by.

"She said, 'Would you be willing to consider a one-time listing for 2 percent?' " Child said. "That piqued my interest. It wasn't more than two weeks later she brought by this guy. Within days of him seeing the house, he made an offer."

A one-time listing typically applies only to the interested party. If the sale takes place, the listing is valid. If the sale does not take place, the listing is moot.

"The reason that it was positive to have an agent involved was because she brought industry-standard contracts into the process," Child said. "Instead of paying 7 percent, I paid 2 percent and got all the benefits of the contracts."

Those contracts can carry several liability issues.

"It's a very dangerous road to go down," said Butch Dailey, president of the Utah Association of Realtors. "There are so many hidden pitfalls to try to sell on your own. Unless you have the expertise, you can wind up having your property tied up and off the market for a significant period of time. And the buyer can walk at the last minute."

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Dexter Bell, director of the Utah Division of Real Estate, the agency responsible for the licensing of real estate professionals, recommends that independent sellers use the state-approved real estate purchase contract. The six-page form, which protects both buyers and sellers, can be downloaded at www.commerce.utah.gov.

Bell said independent sellers often run into problems when real estate agents bring buyers to them.

"What happens is the 'for sale by owner' person says, 'Oh, you're a real estate agent. You do this all the time; advise me,' " Bell said. "It puts the agent in a very bad position because he cannot advise them. His fiduciary duty is to his client, which is the buyer."

Dailey said another advantage of buying through a real estate agent is added disclosure. A property sold through an agent will contain a form called the "sellers property condition disclosure," which tells a buyer the general conditions of the property, including the plumbing, foundation, heating systems and roof. Another form, Dailey said, also tells buyers whether a seller has ever filed a hazard insurance claim on the property and whether there have been any known toxic chemicals in the home, such as in a methamphetamine lab.

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Jamie and Judy Davidson are trying to sell their house in Lehi themselves rather than hiring a Realtor. But the response has been mixed. Since putting the property on the market in March, only 10 to 12 people have come through. Other home sellers, however, have had more positive experiences.

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