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Before You Sell Your Home, Know the Law

There's more to selling a home than contract you have with your potential
putting up a "For Sale" sign and waiting buyer valid? Are there any hidden clauses
for people to make offers. If want to that may come back to haunt you later?
sell your home, you need to be aware of Know what your sale contract says and
the many local and state laws and various means before it is signed.
regulations attached to selling property. Zoning and Local Ordinance Laws - The
You have be knowledgeable about real sale of your home may be subject to
estate contracts and know every step various zoning laws and ordinances in
involved with regards to inspection, your area. For example, a buyer may want
financial considerations, and legal your house for a home-based business or
paperwork. for charity purposes, but the laws in
For a real estate contract between two your town may not permit that. Research
parties to be legal, for example, it must what regulations are applicable to your
have the following elements: property before you sell.
1) At least TWO parties of sound mind in Occupancy Laws - Is your home subject to
agreement of the contract - the buyer and occupancy laws? Can you legally sell your
the seller house to more than one family unit?
2) Legal identification to verify legal Before you put your house up for sale,
signatures on all paperwork make sure you research any occupancy
3) The correct address of the property limits and restrictions.
for sale Building Code Laws - Is your home "up to
4) All agreements with regards to the code"? In other words, is the house
sale and promises of payment made in compliant to all safety and health codes?
writing and signed Have any repairs and remodeling work been
5) Unqualified understanding between the done to the house, and if so were they
buyer and seller so each is aware of done with the required materials? It is
payment schedules and other not legal to sell an unsafe home, so make
considerations sure any construction done before the
Coming to an understanding with a sale is completed safely and correctly.
potential home buyer is one thing. When Environmental Rules and Regulations - Is
you consider going the For Sale By Owner there anything in your home that poses a
route, you also need to be aware of the potential environmental hazard? Is the
many laws attached to selling a house. construction of your home sound and free
Local and county laws may vary according of asbestos and other harmful elements?
to where you live, but there are at least Make sure you know what is considered
twelve worth researching before you put toxic in your area, and that it's not in
up your sign: your home!
Seller Disclosure Laws - By law, you are Stigmatized Property Laws - Was your home
required to inform any potential buyers the scene of a murder or other disastrous
of damage or other problems with the home crime? Is your home a local legend in
that may impact its value in the future. that people believe it's haunted or
If the house will be in need of a new cursed? It may sound amusing, but
roof in a year, or if there are cracks in sometimes it can be difficult to sell
the foundation that need repair, you are property that has been "stigmatized" by
obliged to let buyers know. gossip and legend. If your house has such
Lead Base Paint Disclosure - Similar to a legacy, it is best to research any
the Seller Disclosure, if lead-based disclosure laws that apply to the sale.
paint has been used in your home, you are If somebody was murdered in your home,
required to inform all potential buyers for example, you may have to disclose
of this. that to a buyer.
Federal Fair Housing Laws - In accordance Governmental Rights and Real Property
with Title VIII of the Civil Rights Act, Laws - Each state has its own laws with
it is illegal to discriminate against a regards to the definition of "real
potential home buyer based upon race or property." It is suggested all potential
color, gender, creed, nationality or sellers know how their states interpret
handicap. These laws prevent refusal of a what is real property as opposed to
sale or price adjustment of a home based "personal property." This may affect
upon these factors. certain appliances in the house to convey
State and Local Housing Laws - Your with the sale, or property lines.
particular region may have specific laws Governmental rights laws may be put into
relating to the sale of homes in the effect if the government is interested in
area. It is highly recommend to research acquiring property for various purposes
any possible regulations that may affect (i.e. you own a parcel of land where an
your ability to sell on your own. interstate is to be built). Read up on
Advertising and Marketing Laws - If you these laws before you sell.
plan to take on the advertising of your Selling a home can be a daunting process,
home sale by yourself, you may need to be made all the more difficult if you are
aware of certain regulations applicable not aware of the many laws in your area
to your area. If you are placing a that bind you to certain obligations. So
newspaper or magazine ad, you may be before you hang that sign, make certain
required to disclose specific information you are knowledgeable about the
about your home. Do your homework! implications behind it. Having the law on
Real Estate Contract Law - Is the your side will make for a smoother sell.




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