I saw this in an ad. What does this mean? Is it possible to purchase for less than listed or is a probate property price set? It is about $150K more than I want to spend but I am willing to go up half of that if I know price is negotiable.
Thanks in advance!
The quick answer to your question is YES the price is negotiable even though it is a Probate Sale and is more than likely it is an "AS IS" sale. Once your offer is accepted by the personal representative the lawyer will prepare a notice of proposed action which is sent to all the heirs for their consent. Should any one of the heirs object to the offer then it will go to court confirmation provided you in agreement. You'll have the option to walk away with a return of your earnest money.
Make sure you're working with a Realtor who specializes in Probate transactions. You'll want to know what percentage of their business is related to Court Supervised transactions. Lastly place your offer on the most recent 8 page CAR Probate Purchase Agreement which can be found on my website: http://www.courthouserealtors.com
There are two types of Probate Real Estate Sales.
1) Probate Sale that requires court confirmation
2) Probate sale with no court confirmation.
The difference is that the first one requires an offer to be accepted and then it has to go to court for approval. This process can take up to 60-90 days. The second option is that you open escrow immediately and the sale of the property does not require court approval. Whether a probate sale requires court confirmation or not totally depends on the seller.
To learn more about probate real estate visit our website at http://www.SanbornTeam.com. This site offers comprehensive information about probate real estate.
To answer part 2 of your question, you would have to look at the property and see if there is room for negoiation.
You can negotiate price on a probate sale...no problem. You wont have to have the court involved in the transaction.
Hi Christina,
The previous agents explained the probate without court confirmation. My question is this: Are you interested in this property because you perceive it as a "deal"? Or is this a property you truly want. I ask because a probate sale is rarely a better deal than any other type of sale. If you are looking to purchase a property (now is a great time!), your best bet is a reputable local realtor who can show you all the available properties that fit your needs including: traditional sales, shore sales, REOs, & probate sales.
Best of luck,
Karen Miller
562-756-4144
Probate-This means their was a death of the owner or one of the owners of the property. No court confirmation simply means the sale and purchase price is controlled by someone on title of the property, not the courts. All typical sales are negotiable, an offer must be made in order to see how much negotiationg the seller is willing to do. Contact me if you have any other questions.
Marc Wizman- 310 746-8444- Coldwell Banker Beverly Hills N
Hi Christine,
Your question has multiple questions so I will try to answer each one individually.
1. Probate Sale without court confirmation means that the executor or administrator is using Independent Administration of Estates Act.
2. There is usually an appraisal done on the property by the probate referee. As with any property there is always the possibility of some negotiation (if the estate is willing to negotiate).
3. The only way to find out if the price is negotiable is to make an offer and find out what the estate is willing to do.
We specialize in Probate and Trust Real Estate Sales in Los Angeles. If we can be of assistance please call us at 310-777-2858. You are also welcome to visit our web site where there is a lot of information regarding Probate and Trust Real Estate Sales.
Nancy Sanborn
The Sanborn Team
when a home is sold that doesnt need court confirmation, the price is negotiable. if it was a court confirmation sale, the court would have sent out a court refferee & they would have set a value on the home. the court then can accept an offer no more than 10% less than that appraisal, subject to court confirmation & any overbids on the day of court confirmation.
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