That’s why you may want to tackle the job on your own. These days, you can set your land apart from the crowd by marketing and selling it yourself. Since the advent of the internet, it’s easier and more effective than ever, and the phrase “for sale by owner” has a particular cachet about it that buyers seem to like. Many buyers assume that they’ll be saving the sales commission by buying directly from the owner. Of course, you’re probably assuming that you’re saving the sales commission by selling it yourself. Which of you is correct depends on how adeptly you handle your sale.
Soil Terrain and Vegetation: Most small landowners will prefer a mixture of hill and valley, but level agricultural land is usually more expensive than hilly ground. However, if your property is smaller, say less than eighty acres, there will probably be a better market for the mixed terrain that includes level bottomland and forested hills. Likewise, the best overall market exists for small properties with a mixture of forest and meadow as opposed to all woods or all field.
That means, as it always has, that you’re going to have to pay for your advertising just as sellers always have, but take heart in the fact that you don’t have to pay nearly as much for national advertising as you did in the days of paper. Better still, if you put a hit-counter on your web page(s), you’ll be able to keep track of how much traffic you get from each source. That will give you an idea of which ads are most effective.
When you sell land by yourself, this is called a private sale. So, you will need to find a private buyer. It may help you to talk with local farmers if you are looking to sell raw land; farmers have all kinds of experience in purchasing land for their crops. If you are selling your land on your own without the aid of a real estate agent, this next section is for you.
Writing a legally enforceable contract for sale with your buyer means spelling out any contingencies like the buyer obtaining financing if needed and doing due diligence to ensure the property suits intended needs. Look online to review real estate land contracts for your state to ensure that you don't overlook crucial factors. Processing the sale through an escrow at a title company will ensure that there are no liens or other claims to the deed that could cause problems down the road. Title companies also make sure that all legal details are in order, all documents are properly prepared and signed and the deed is officially recorded.
Land contracts are security agreements between a seller, known as a Vendor, and a buyer, known as a Vendee. The Vendor carries the financing for the Vendee, which may or may not contain an underlying loan. A main difference between a land contract and a mortgage is the buyer does not receive a deed or clear title to the property until the land contract is paid off.
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I found the affidavit that you linked to and I get how to fill it out but the thing I’m stuck on is the notarizing. It has to be signed by both the seller/buyer and notarized. Obviously we aren’t near one another; can this document be notarized separately? Should I sign/notarize and then send it to the buyer for them to do the same? Have a mobile notary go to them? Any best practices?
In terms of paying off the mortgage, you’d have to work directly with the lender to make sure they get paid and that they discharge their mortgage. If you’re unsure about how the process works, then honestly – it probably is best to just work with a title company. It may cost a few hundred dollars more – but for a property like what you’re describing, that’s what I would be doing anyway (I use title companies for anything in excess of $10K). They will take all the guesswork out of this process and make it WAY easier to get the job done.
I’ve heard that it’s very hard to sell land/property with a quitclaim deed, and buyers (whether investors or the open market in general) will only want warranty deeds. So without me having to spend $2000 or so doing a quiet title or using Tax Title Services to make the deed fully clean and marketable and insurable, could you go into some depth explaining how to quickly flip/wholesale land parcels that I’m offering and advertising with a quitclaim deed I got from the county? What do I need to know for this, and how do I structure it to make it attractive, and what steps are involved? Is this something that investors/rehabbers are fine with accepting (if the price is attractive?)
Access: While few in number, there are still some properties that don’t have legal access – that is, a deeded access-easement, or frontage on a public road. This is what is known as “landlocked” property, and it is of considerably less value. If you see an extremely low-priced piece of land for sale, it may be a bargain, or it may just not have legal access. Curing this can be fairly simple, but don’t count on it. If it were an easy matter, it would likely already have been fixed. In most cases, legal access will require a deed from the neighbor whose land you’re crossing, and folks tend not to like to sign deeds unless they get something of significant value in return.
Negotiate the price with the buyer and finalize the paperwork. Once you’ve decided on a purchase price, you can write up your contract. Free contracts can be found online or you can contact a real estate attorney. Some states also require additional paperwork, such as a land disclosure form, so be sure to do your research before completing the transaction.
Make sure the deposit is held by the conveyancer of the vendor, not the vendor if unrepresented. A conveyancer has professional obligations with respect to the retaining of deposits which are effectively held on trust for both parties in a transaction pending completion of its terms. A lay vendor has no such professional obligations, although they of course have legal obligations but those obligations can often only be “policed” in Court.
As for which states these forms work in, I definitely haven’t used them everywhere – but I have used them in a handful. The best way to verify their validity would be to contact a local title company and just send them both templates. As them, “If I get you the fully executed copies of these documents, will you be able to close the deal for me – or do you need to see something else?” This is usually a good way to test the waters before you actually go through the work of getting the contracts signed.
Hi Seth, thank you for all this information, it’s a great post! I have a question hopefully you can help. My dad is selling his house to a company that buys “as is” in cash, they’re the ones doing all the work and they told me he would just have to sign the documents that they would send to closed the deal, (they’re also paying all closing cost) the thing is that the house is located in Georgia and my dad lives in Indiana, so they said they would send the documents to my email and he can do the e-sign. He already sign a Standar Purchase and Sale Agreement, I asked them if my dad needs to sign the documents in front of an attorney or notary and they said no, it’s this true? Since I don’t have any expertise on this I’m just helping my dad because he doesn’t speak English, I’m a little worry that I might be doing something wrong by not asking the right questions. Also for the payment they said they’re going to make the payment to the mortgage company and then send my dad the remaining money as a wire or cashier check whichever my dad prefers, is this also right? Help please!
Limited pool of buyers: Most serious house-hunters are working with a real estate agent; the commission would normally get split between the buyer’s and seller’s agents. But without a commission on the table, no agent is going to bring clients to see your house. In fact, many shoppers are contractually obligated to purchase their home through their agent — meaning even someone who finds your house while out on a drive or surfing the Internet may not easily be able to buy it.
Personally, I’ve had good experience with Google Adwords where you can set your ad budget to as little as one dollar per day. (You may be able to set it even lower, but let’s get serious, you DO want to sell this place don’t you? Adwords also coordinates with Google Analytics, which will tell you far more than you need to know about the traffic you’re getting to your pages. Also provided are ways to see how effective the ads you write are proving to be. LandWatch.com is another favorite source of mine which consistently supplies better-quality leads, that is, more serious clients, than Google and others.
My neighbor and I both want to do this as inexpensively as possible. I’m not expecting to make much more than what is needed to cover the mortgage payoff and a little extra to cover closing costs. I’m not sure what level of professional help needs to be involved, but the realtor who handled the deal for the home I just bought said it was as simple as contacting a title company to cover the necessary paperwork. Is that true?
If your house gets lots of attention and you get good offers, stay the course and be prepared to give up a little of your savings to close the deal. But if the process drags on without any real bites, hire an agent. You’ve lost nothing but time, and you’ll enter the agreement with a far better understanding of how it works and how to get the most from your agent.
Demand a Title Insurance Policy. Title searches of the public records will also show liens or judgments filed against a buyer. The title company will likely ask for satisfaction of those encumbrances before it will insure the land contract on a title policy. Ask to see a copy of the preliminary title report (or commitment for title insurance) to determine if a search reveals anything about the buyer.
To set your price, check around your neighborhood / community for comparable homes for sale. Get familiar with how other similar homes are priced. If you'd like a little more help in this area, the alternative to determining a price on your own is to use a professional appraiser. The initial cost of an appraiser is still much less than the end cost of commission. It's important to revisit your pricing strategy from time to time using all the available information you have.
While a good agent can certainly help with the negotiation process, he or she also has a vested interest in the transaction. “And closing the deal may in some cases be more important to the agent than getting you the absolute best price,” Schorr says. If you’re a good negotiator and can handle the process without emotion and with clear eyes, you might do better on your own.
You can also look to certain companies and organizations that have a concentration of people that may fall in the above mentioned roles such as investment companies (i.e. Charles Schwab, Fidelity), financial advising companies (i.e. Morgan Stanley, Merrill Lynch). There may be a higher concentration of people who can both afford and want to build their own custom homes or to build income-producing properties. Try linking yourself to financial advisors who may already know of people who have these types of dreams. This isn't a comprehensive answer of all the possibilities but just some thoughts. Good luck!