QUESTION
Is it legal for a seller whose selling a home without a realtor write his own contracts and have it notarize?
Asked on Sep 20th, 2022 on Residential Real Estate - Michigan
More details to this question:
I am in the process of purchasing a home for sale by the owner. The seller is not willing to hire an attorney, but instead the seller is only planning to do a Quick claim and have it notarize and both parties to sign it. We, as buyers have already made a cash deposit yesterday to him in person, and he did not provide a receipt, but only a handwritten document of information stating the property address and our signatures. This is my first time buying a house and I am not comfortable if notarizing a document from a seller are legal documents when purchasing a home. Also, I want to find out if there are any hidden things about the house that we as new buyers are unaware of. What are other legal ways or options can a seller release legal documents to the next new homeowner instead of using an attorney? Can a Title company be used instead of having the file being notarized? If I hire an attorney, what are my legal rights and what can I do ?
1 ANSWER
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You are entitled to a Warranty Deed. While a quit claim transfers possession, a Warranty Deed gives the buyer title insurance and believe me, you want title insurance.
Send the seller a note confirming the down payment and demand you close at a title company.
demand an inspection with a right to cancel if the home fails inspection (or require the seller to fix).
You can hire legal counsel to perfect your rights, the first question is if there is even an enforceable contract for sale.
Answered on Sep 20th, 2022 at 10:23 AM