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Arizona Real Estate Law
by Christopher A. Combs
The following is for informational purposes only and is not intended as definitive legal or tax advice. You should not act upon this information without seeking independent legal counsel. If you desire legal, tax or other professional advice, please contact your attorney, tax advisor or other professional consultant.


Considering "FSBO"

Question: I may have to sell my home in Scottsdale because of a possible job relocation. Inasmuch as I have only lived in my home for less than a year, my home has had little appreciation in value. In fact, after I pay brokerage commissions I will probably lose money on the sale of my home. Therefore, I am considering selling my home as a FSBO ("For Sale by Owner"). If I find a buyer, should I have an attorney do the paperwork? If I do not use an attorney, does the Arizona Association of REALTORS® have the standard forms? If so, how much do these standard forms cost?

Answer: First, although FSBO’s generally sell better in a rapidly appreciating market like today, I would still recommend that you interview at least three real estate agents regarding the marketing of your home before you consider a FSBO. Whether selling a home, appearing in court, or cutting hair, the cost of an experienced professional is generally justified. Second, if you still decide to do a FSBO, after you locate the buyer you should contact an attorney to draft the paperwork and otherwise represent you through the closing. The attorneys’ fees can range from $1,000 to $3,000 or more. Finally, if you truly want to "go it alone," the Arizona Association of REALTORS® and many local Associations of REALTORS® have the standard forms available at a minimal cost.


Phoenix attorney Christopher A. Combs is a partner with the firm of Combs Law Group, P.C. Reprinted with permission.
Copyright 2004, all rights reserved.


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