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For Sale by OwnerArizona For Sale by Owner Contract Preparation Service
by Jeana Webster, Arizona
real estate attorney
KEYTLaw, LLC, an Arizona law firm whose attorneys practice Arizona
residential real estate law, offers the following fixed fee comprehensive
residential purchase and sale contract preparation services for sellers and
buyers:
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Contract preparation service: For $750
Arizona real estate attorney
Jeana Webster will prepare all of the following custom drafted documents: (1)
Residential Purchase/Sale Agreement
(drafted to favor our client as buyer or seller), (2)
Escrow Instructions, (3)
Special Warranty Deed to convey the
property, (4) Foreign Investment in Real
Property Act Affidavit, and (5) an
Affidavit of Legal Value. For no additional fee, we will also prepare a
custom drafted Promissory Note and
Deed of Trust if
the buyer does not pay the purchase price in full at closing and all or a
portion of the purchase price will be owed to the seller after the sale.
The Promissory Note evidences the buyer’s debt to the seller and contains
the payment terms. The Deed of Trust will be recorded on the sale. It
creates a lien on the property sold and can be foreclosed if the buyer
defaults under the Promissory Note. The purchase agreement will provide for
an escrow with a local escrow company and title insurance for the buyer on
closing. |
For no additional charge,
Jeana will also give you
the following pre-printed form documents: (1) a
Seller’s Property Disclosure Statement
to be completed by the seller and given to the buyer (Arizona law requires a
seller of Arizona real estate to disclose to the buyer all material facts
concerning the property), (2) a Lead Based
Paint Disclosure (only if we are told that the home was built
before 1978), (3) a Residential Pool Safety
Notice (only if we are told that the home has a pool), (4) a
document entitled “For Your Protection: Get a
Home Inspection,” (5) Homeowners’
Association Disclosure Statement (only if the home is subject to
an HOA), and (6) Report of Inspection and
Notice of Transfer of Ownership (for property with a septic
tank).
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Escrow: No charge for preparing the
escrow instructions. Every Arizona home sale should use an escrow
with an Arizona licensed escrow company. The escrow agent's fees are
usually paid equally by the parties, but one party may negotiate for the
other party to pay all of the escrow agents fees. For more information
about escrows, see
What Happens In
Escrow. |
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Commitment for Title Insurance and Owner's Title Insurance: No charge for arranging for these items
in the escrow. Our contract provides that the escrow agent will arrange
for the buyer to obtain: (i) a commitment for title insurance shortly after
opening escrow, and (ii) title insurance on the home at close of escrow.
No buyer of an Arizona home should ever buy the property without getting
title insurance that insures the buyer's interest in the property for the
amount of the purchase price. The cost of owner's title insurance is
usually paid by the seller, but the seller may negotiate for the buyer to
pay the cost of the owner's title insurance. For more information
about title insurance, see Title Insurance Articles.
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Lender's Title Insurance: No charge
for arranging for this item in the escrow. If the buyer will owe the
seller money after closing, my contract provides that the escrow agent will
arrange for the seller (the lender) to obtain a policy of lender's title
insurance in the amount of a carryback Promissory Note that insures that the
Deed of Trust is a validly recorded lien on the home in first position,
second position or whatever lien priority position is required by the
contract. The cost of lender's title insurance is usually paid by the
buyer, but the buyer may negotiate for the seller to pay the cost of the
lender's title insurance. |
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Special two business day expedited
preparation of the documents service: $249. Normal
preparation time is one week depending on how busy we are at the time we
receive your order. |
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Title insurance commitment review for buyers
only: $375 to review the commitment for title insurance (including
title exceptions such as Conditions, Covenants & Restrictions), preparation
of a letter to the buyer explaining the document and preparation of a letter
to the seller objecting to any title problems (if necessary and requested by
the buyer). |
For more information about the documents listed
above that are commonly used in Arizona
residential purchase and sale transactions, see my article called "Documents
Commonly Used in the Sale of Arizona Homes."
How to Hire Arizona Attorney Jeana Webster to Prepare Your Home Purchase or Sale Contract
To hire Jeana Webster, Arizona real estate attorney, to
prepare a FSBO contract and related documents for the purchase or sale,
you must:
Complete and sign the
Arizona Residential Purchase & Sale Contract
Questionnaire and get it to us. The Questionnaire asks for the information
we need to prepare your documents. You may not know the answers to
some of questions, but answer the Questionnaire as best you can. Fax
the completed Questionnaire to 602-297-6890 or email it to
jrw@keytlaw.com.
How to Contact Arizona Real Estate Attorney Jeana
Webster
For a free telephone consultation about preparing
your AZ FSBO documents, call Arizona real estate attorney
Jeana Webster at 602-906-4953,
ext. 107 or send an email message to her at
jrw@keytlaw.com. |
For a free telephone consultation about preparing
your AZ FSBO documents, call Arizona real estate attorney
Jeana Webster at 602-906-4953,
ext. 107. To hire Arizona real estate attorney
Jeana Webster to prepare a contract to buy
or sell an Arizona home, complete our online
Arizona Residential Purchase & Sale Contract Preparation
Agreement.
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