Buying a home without a Real Estate Agent - Who should I get to do the paperwork?
Generally, the paperwork realtors use is pre-written and pre-approved by the relevant State and real-estate organizations. The offers, contracts, etc etc a pretty straightforward and standard. You can ask a realtor for a small fee to arrange the documents for you (smaller than the usual 5% sellers' fee they charge, I would say 0.5% or a couple of hundreds of dollars flat fee would be enough for the work). You can try and get these forms yourself, sometimes you can buy them in the neighborhood Staples, or from various law firms and legal plans that sell standard docs. You can get a lawyer to go over it with you for almost nothing: I used the LegalZoom plan for documentation review, and it cost me $30 (business plan, individual is cheaper) to go over several purchase contracts ($30 is a monthly subscription, but you don't have to pay it for more than one month). But these are standard, so you do it once and you know how to read them all. If you have a legal plan from work, this may cover document review and preparation. Preparing a contract that is not a standard template can otherwise cost you hundreds of dollars. Title company will not do any paperwork for you except for the deed itself. They can arrange the deed and the recording, escrow and title insurance, but they will not write a contract for the parties to use. You have to come with the contract already in place, and with escrow instructions already agreed upon. Some jurisdictions require using a lawyer in a real-estate transaction. If you're in a jurisdiction (usually on a county level) that requires the transaction to go through a lawyer - then the costs will be higher. Whether or not you use a real estate agent, at some stage most people use a lawyer to do the actual buying and selling and set up the agreements. If you've never dealt with a lawyer directly before it's probably because your agent has acted as a front-person for the lawyer. If you go to a lawyer and tell them what you want to do they will sort it out, and should tell you in advance how much it will cost. You and your friend will probably need one each. For a real estate transaction there are multiple stages: From the sellers viewpoint: From the buyers viewpoint: If both parties are comfortable skipping some of the steps the role of the agent can be minimized. How will a fair price be determined? Some realism might be needed, to make sure that the loan appraisal will not be a problem. Will an inspection still be needed? What warranty will exist if the A/C dies this summer?  If you still want help from an agent one should be able to help for far less than the normal commission. The seller normally interviews three agents before selecting one, do the same in this situation. Ask how much they would charge for a sale between friends. They can complete their task in just a couple of hours. If the home inspection comes back relatively clean, the transaction should be very easy. The paperwork is the biggest hurdle. You should jointly identify a local settlement company. They will be the ones actually filing the paperwork. They have lawyers. They will check the county records office for existing liens, plats, mortgages and address all the issues. They can send the proper paperwork to the existing mortgage companies and arrange for mortgage insurance. The cost will be the same regardless of the presence of real estate agents and other lawyers.  When they say a lawyer is required, it is only because of the paperwork. Save yourself a lot of trouble you both agree on a Real Estate Attorney to prepare all the paperwork (ie. contract) and conduct the closing for or with the Title Company. Then you both split the normal costs of the transaction. (Real simple professionally handled and you both save the 6%)
They are not supposed to force any tax or escrow payments in addition to your normal principal and interest payment, unless you are delinquent on your taxes and insurance. If you are late or delinquent at all  they can force you into escrows depending on how your Deed of Trust (mortgage) is worded. That being said, I've had to deal with BoA on behalf of clients over the same issues you just mentioned. Their whole system is made to cause chaos and confusion, especially for poor souls trying to complete a short sale, or a loan restructuring program. They are forever losing vital paperwork, or saying they didn't get documents in time, even though you spoke with someone to confirm receipt. They aren't really set up to help anyone, they just give the illusion of it before they foreclose.   I owned a Title and Escrow company for many years, and most all mortgages with most all lenders (in our state) read they had the right to force escrow in the case of delinquency or even accelerate to foreclosure. If you've never been late on either or let your insurance lapse, or taxes fall delinquent, they shouldn't be able to require escrows, unless there is specific language in your original mortgage that says they can.  Also, most people aren't aware that non payment isn't the only reason a  lender can foreclose. Most mortgages read a lender can foreclose for the following reasons:  -Non payment  -Failure to keep homeowners insurance  -Failure to pay taxes  -Condemnation  -Storing toxic waste, or hazardous materials  -Illegal operations and usage (meth labs, etc...) "You are asking about a common, simple practice of holding the mortgage when selling a house you own outright. Typically called seller financing.  Say I am 70 and wish to downsize. The money I sell my house for will likely be in the bank at today's awful rates. Now, a buyer likes my house, and has 20% down, but due to some medical bills for his deceased wife, he and his new wife are struggling to get financing. I offer to let them pay me as if I were the bank. We agree on the rate, I have a lien on the house just as a bank would, and my mortgage with them requires the usual fire, theft, vandalism insurance. When I die, my heirs will get the income, or the buyer can pay in full after I'm gone.  In response to comment ""how do you do that? What's the paperwork?"" Fellow member @littleadv has often posted ""You need to hire a professional."" Not because the top members here can't offer great, accurate advice. But because a small mistake on the part of the DIY attempt can be far more costly than the relative cost of a pro. In real estate (where I am an agent) you can skip the agent to hook up buyer/seller, but always use the pro for legal work, in this case a real estate attorney. I'd personally avoid the general family lawyer, going with the specialist here." Awesome info, this is what I was looking for. I live in FL so i will look into LLC laws. Is there a difference in obtaining loans for multi-unit properties, or any special requirements? This would be my first purchase so I'm trying to decide if I should start with a multi-unit or a large home. I read something about a first time home buyers and the FHA allowing one to put down less of an initial investment. Im assuming this is if you are actually going to be living in the home or property?   Would it make sense to have separate entities for specific types of units? For example One separate corporation per multi-unit property, but have multiple single family homes under another single entity?   Thanks for the help.  *quick add-on, would you know how long the corporation would have had to exist before being able to obtain a loan? For example, would XYZ, LLC. have to have been around for 3 years prior to the loan, or could i just incorporate the month before going to the bank? what I should think about. If you decide to do this - get everything in writing.  Get lease agreements to enforce the business side of the relationship.  If they are not comfortable with that much formality, it's probably best not to do it, I'm not saying that you should not do this - but that you need to think about these type of scenarios before committing to a house purchase. Selling a home by yourself, without an expensive real estate broker, is easier than most people think, but it will take some work on your part. You will be doing a lot of things that a real estate agent might normally do. You don't need to hire a lawyer. In general, there are three things a lawyer might do: (1) Review the language of the deed of sale (2) Review the terms of the mortgage (if there is one) (3) Hire a title search company to do a title search If you do not want to do these things or want to do them yourself, then you do not need a lawyer. "First, don't try to understand other people's finances. Family or a trust could provide the minimum down payment, or even large chunk of the price, leaving them with a small/manageable monthly mortgage.  More importantly, HGTV home buying shows are fake. Buyers don't actually buy, other people touring are just locals/ friends, and the entire plot is literally a written script.   Source: My best friend had 3 of his listings on one of the shows as the house options, and our friends were the ""other buyers"" on the tour." "This is more of a long comment but may answer user's situation too. I have dealt with joint mortgages before in 3 states in the US.  Basically in all three states if one party wants to sell, the home goes up for sale.  This can be voluntary or it can go up via auction (not a great choice). In 2 of the 3 states the first person to respond to the court about the property, the other party pays all legal fees.  Yes you read this right.  In one case I had an ex who was on my mortgage, she had no money invested in the house ($0 down and still in college with no job).  [If she wasn't on the mortgage I wouldn't have gotten loan - old days of dumb rules] When we split her lawyer was using the house as a way to extort other money from me.  Knowing the state's laws I already filed a petition for the property but put it on hold with the clerk.  Meaning that no one else could file but if someone tried mine would no longer be on hold.  My ex literally spent thousands of dollars on this attorney and they wanted to sell the house and get half the money from the house.  So sale price minus loan amount divided between us.  This is the law in almost every state if there is no formal contract.  I was laughing because she wanted what would be maybe 50-75K for paying no rent, no money down, and me paying for her college. Finally I broke her attorney down (I didn't lawyer up but had many friends who were lawyers advising).  After I told her lawyer she wasn't getting anything - might have said it in not a nice way - her lawyer gave me her break down.  To paraphrase she said, ""We are going to file now.  My assistant is in the court clerk's office.  You can tell the court whatever you want.  Maybe they will give you a greater percentage since you put the money down and paid for everything but you are taking that chance.  But you will pay for your lawyer and you will need one.  And you will pay for me the entire time.  And this will be a lengthy process.  You would be better served to pay my client half now."" Her office was about 2 blocks from court.  I laughed at her and simply told her to have her assistant do whatever she wanted.  I then left to go to clerk's office to take the hold off.  She had beat me to the office (I moved my car out of her garage).  By the time I got there she was outside yelling at her assistant, throwing a hissy fit, and papers were flying everywhere.  We ""settled"" the next day.  She got nothing other than the things she had already stolen from me.  If I wouldn't have known about this loophole my ex would have gotten or cost me through attorney's fees around 40-50K for basically hiring a lawyer.  My ex didn't really have any money so I am pretty sure lawyer was getting a percent. Moral of the story: In any contract like this you always want to be the one bringing in the least amount of money.  There are no laws that I know of in any country where the person with the least amount on a contract will come out worse (%-wise).  Like I said in the US the best case scenario that I know of for joint property is that the court pays out the stakeholder all of their contributions then it splits things 50/50.  This is given no formal contract that the court upholds.  Don't even get me started with hiring attorneys because I have seen the courts throw out so many property contracts it isn't even funny.  One piece of advice on a contract if you do one.  Make it open and about percentages.  Party A contributes 50K, Party B 10K, Party A will pay this % of mortgage and maintenance and will get this % when home is sold.  I have found the more specific things are the more loopholes for getting out of them. There are goofy ass laws everywhere that make no sense.  Why would the person first filing get their lawyers paid for???  The court systems in almost all countries can have their comical corners.   You will never be able to write a contract that covers everything.  If the shower handle breaks, who pays for it?  There is just too many one-off things with a house. You are in essence getting in a relationship with this person.  I hear others say it is a business transaction.   NO.  You are living with this person.  There is no way to make it purely business.  For you to be happy with this outcome both of you must remain somewhat friends and at the very least civil with each other.   To add on to the previous point, the biggest risk is this other person's character and state of mind.  They are putting in the most money so you don't exactly have a huge money risk.  You do have a time and a time-cost risk.  Your time or the money you do have in this may be tied up in trying to get your money out or house sold.  A jerk could basically say that you get nothing, and make you traverse the court system for a couple years to get a few thousand back. And that isn't the worst case scenario.  Always know your worst case scenario.  Yours is this dude is in love with you.  When he figures out 2-3 years later after making you feel uncomfortable the entire time that you are not in love with him, he starts going nuts.  So he systematically destroys your house.  Your house worth plummets, you want out, you can't sell the house for price of loan, lenders foreclose or look to sue you, you pay ""double rent"" because you can't live with the guy, and you have to push a scooter to get to work. That is just the worst case scenario.  Would I do this if I were 25 and had no family?  Yea, why not if I trusted the other person and was friends with them?  If it were just a co-worker?  That is really iffy with me.    Edit: Author said he will not be living with the person.  So wording can be changed to say ""potentially"" in front of living with him in my examples." "The other answers are talking about seller financing.  There is another type of arrangement that might be described as ""writing your own mortgage,"" where the buyer arranges his (or her) own financing.  Instead of using a bank, a buyer might find his own investor to hold the mortgage for him. An example would be if I were to buy a house that needs fixing up.  I might be able to buy a house for $40,000, but after I fix it up, I believe it will sell for $100,000.  Instead of going through a traditional mortgage bank, I find an investor with cash that agrees the house is a good deal, and we arrange for the investor to provide funds for the purchase of the house on a short-term basis (perhaps interest-only), during which I fix up the house and sell it.  Just like a regular mortgage, the loan is backed by the house itself. I am not recommending this type of arrangement by any means, but this article does a good job of describing how this would work.  It is written by a real-estate guru with lots of training courses and coaching materials that she would like to sell you.  :)" Yes, your realtor is a moron. (I am a realtor, and sorry you have such a bad one) Every industry has its good and bad. You really should find a new realtor, a good one.  You know the 1031 exchange is for rental property only. And that saving $2000 isn't worth staying in the house to complete the two years required occupancy. Since you are leaving the country, get it sold by a real estate agent.  If you choose to lower the price and get it done quickly, or if you choose to wait for a fair value, the key here is to get many independent referrals (like a dozen) so you agent is trustworthy. I don't think you need to sign over power of attorney as fax machines are pretty reliable these days.  I won't matter if you live 50 miles or 5000 miles away. Renting it is not a great option because you can't easily follow up from another country.   Don't sell it to the rock bottom places.  Either you don't need the money and you can afford to you wait, or you need the money and it would be best to wait. "Generally, it would be an accountant. Specifically in the case of very ""private"" (or unorganized, which is even worse) person - forensic accountant. Since there's no will - it will probably require a lawyer as well to gain access to all the accounts the accountant discovers. I would start with a good estate attorney, who in turn will hire a forensic accountant to trace the accounts." "Getting a specific service recommendation is off-topic, but the question of what type of professional you need seems on-topic to me.  You may be looking for more than one professional in this case, but you could try these to start your search: Different people do things differently, but I think it would be pretty common to have a relationship (i.e. contract, retainer agreement, at least have met the person in case you have an ""emergency"") with a business law attorney and either a CPA or tax attorney.  You may try not to use them too much to keep costs down, but you don't want to be searching for one after you have an issue. You want to know who you're going to call and may establish at least a basis working relationship." Whether you need to hire a lawyer depends on whether you are capable enough to understand the fine print and it's consequences in all the contracts you sign with the Builder or not.  Even though the REPC is a standard document, the Builder may add additional addendum voiding many of the rights Buyers normally have. If you are not sure or have doubts about specific verbiage, I recommend that you at least get your Realtor to spell it out for you or hire a lawyer as an alternative. "Actually in Finland on some bank + debit/credit card + online retailer combinations you type in your card details as you normally do, but after clicking ""Buy"" you get directed to your own bank's website which asks you to authenticate yourself with online banking credentials. It also displays the amount of money and to which account it is being paid to. After authentication you get directed back to the retailer's website. Cannot say why banks in US haven't implemented this."