He's in Milburn and says he's dealing with a FSBO who doesn't want any agents involved. I'm always very suspicious when I hear that. Does NJ have any mandated disclosures or required point of sale inspections? I'm trying to advise him, but I don't know too much about what the caveats are in NJ except for the general "you-need-someone-to-protect-your-best-interests" thing which I think is essential. They do have an attorney, but even the best attorney is not going to look at the house and give them the advice they need about what they need to pay attention to (i.e. bad furnace, potential mold, vermin infestation, etc.)
While disclosures are not required in NJ they are very common and realtors must disclose known defects (which may be exactly why the seller wants none involved) Tell him if he goes without an agent that his attorney must be very good as will the inspection company. Unfortunately as to value he may end up over paying unless he puts in an appraisal clause and advises lender he wants a very sound appraisal (not just asking for the contract price and justifying)
Susan:
I don't believe in the whole "buyer's agent only" thing. A good agent is a good agent and can handle either side of a transaction and, in my opinion, act as a dual agent (as allowed in this state) with good effect. Having said that, I'd advise ANY buyer dealing with ANY seller, FSBO or not, to insist on whatever advice or counsel they thought they needed. While there are no MANDITORY disclosures, there are usual ones, including a NJ Realtor’s home disclosure form. While home inspections by the buyer are usual, they are not mandatory either. Almost all communities in NJ have CO inspection requirements. Unfortunately, with local control, they vary greatly in scope and therefore, quality. Their purpose is health and safety, not the economic impact of deficiencies, so they can leave the buyer exposed to major costs that they are not knowledgeable enough to figure out for themselves. Private inspection is available and regulated to some extent but is still far from uniform and dependable, so you have to choose your service carefully.
Finally, lawyers, even real estate lawyers, are primarily interested in the contractual aspects of the case. They do not inspect homes or necessarily know the neighborhood. While I advise a lawyer, it is not a necessity in NJ and is actually not the standard practice in South Jersey and Pennsylvania. My only objection to them is that they tend to be defensive (that’s their job) and see things (as we all do,) as fixable with the tools in their own kit. Just as I do not practice law or do inspections, I believe that others should also “stick to their last.” A good real estate agent has seen a great number of problems and has answer to them or colleagues who do. You friends should insist on consulting with whom they please,
Hope this helps.
Yes, a good real estate attonrey and a good home inspector can look out for a buyers needs. I can't believe I just said that. Notice I said real estate attorney.
NJ has no mandated sellers disclosure or home inspection. In the sales contract distributed by the NJAR, there is a clause specifying a time period allowing home inspections, but they are not required by law.
For a buyers agent in the Milburn area go to http://www.rebac.net for an Accredited Buyers Representative (ABR).
I'm a Millburn Realtor and one of my clients bought a FSBO where the seller didn't want any realtors involved. My client even told the seller she'd pay my commission but this seller was adamant about not allowing realtor involvement. Way past the inspection contingencies, the buyers found out that there had been drainage issues and neighbor disputes that were not disclosed. They since backed out and I sold them another house. Your friend should hire a top local realtor as a buyers agent to represent him. There are certain inspections besides the basic home inspection that should be performed in Millburn and without a strong agent who knows the area representing him, he won't know what to look for, & which inspections to order. Also, there are certain areas in Milburn in flood zones. There are so many questions I would know to ask if I knew where the house was. Also, I have been in most of the homes that have sold since I specialize in this town, so I can walk in and tell you exactly what fair market value should be. Feel free to have your friend call me if he'd like to discuss.
Sue Adler, Keller Williams Realty 973-464-9129
Hi Susan! I, too, am always suspicious when a seller doesn't want agents involved.....seems that they may be trying to hide something. At minimum, your friend should make sure that the contract has a clause in it regarding the appraised value, as he doesn't have a Realtor to provide him with a CMA to base his offer on. He should also insist on a home inspection by a licensed home inspector to alert him to any problems with mold, infestation, structural damage, etc. I would be happy to help him if he wants.
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