Understanding FSBO

US News & World Report quoted me in 3 Things to Know About Selling a House on Your Own. It opens,

The internet is full of sites that help homeowners sell property on their own, promising thousands in savings by avoiding commissions, but the National Association of Realtors says commission savings on a for-sale-by-owner transaction, or FSBO, are more than offset by lower sales prices.

The truth lies somewhere in between, according to most objective analysts. So for most sellers, deciding whether to go FSBO is a tough call.

Ali Wenzke, a Chicago writer with a blog called the Art of Happy Moving, says do-it-yourself transactions have worked well for her.

“My husband and I have sold two houses FSBO and purchased one home without an agent,” she says. “Be objective. Work hard. Be flexible to do showings at any time.”

“Anyone can do it and the average home is shown five times or less,” says Sissy Lappin, co-founder of the FSBO website ListingDoor.com.“The notion that no buyers or sellers can understand or manage what happens in a transaction is simply absurd.”

One thing is sure: the average seller’s experience does not necessarily apply in any specific case. What matters is whether you can succeed with a FSBO, regardless of whether your neighbor has.

Adjust your expectations. Experts do agree that FSBO novices should be realistic. Even if you get top dollar and avoid the agent’s commission, the process can be a time-consuming headache. And even if you don’t have an agent of your own, you may have little choice but to pay one representing the buyer, cutting the savings in half.

“While listing on your own seems easy, you are in fact replacing a job which you usually employ a broker to do full time,” says New York-based real estate agent Dylan Hoffman, who is not a fan of FSBOs. “You will need to organize showings, tours, previews and open houses. Plus all the back-end work, like maintaining photos and descriptions on websites, checking for a clear title, etc. An owner would also take on the role of marketing, both digital and print.”

The internet has made the process much easier, with many sites now offering listings, advice and services like printing signs. For a fee, usually several hundred dollars, some services will get your home on the multiple listing service used by real estate agents and buyers, though Lappin says it’s good enough to list on a site like Zillow.com, which is free. The goal is to save the agent’s commission, typically about 6 percent of the sales price, or $18,000 for a $300,000 home.

“FSBO has grown up and sellers don’t have to settle for a red-and-white generic yard sign,” Lappin says.

She says the seller of a $400,000 home with $60,000 in equity would spend 40 percent of that equity if they paid a real estate agent 6 percent commission, or $24,000.

What kind of homes sell without an agent? The National Association of Realtors says about 10 percent of home sales are conducted without an agent, though some critics say the figure is higher. The association says the average FSBO sells for 13 percent less than the average agent-assisted sale. Again, critics like Lappin disagree, with many noting the association’s studies do not look at comparable homes and lump in mobile homes and other inexpensive properties, as well as intra-family deals that tend to have low sales prices. Association figures do show that FSBO is less common with high-priced homes.

FSBO advocates generally agree that doing it yourself is more difficult for the seller, and can take longer. Though you might catch a buyer’s eye right off the bat, the FSBO approach is relatively passive, as you won’t have an agent steering buyers your way. Obviously, the seller must be available to show the house, and that can require weekdays, not just Sunday afternoons.

“It takes a lot of people skills to sell your own home,” says law professor David Reiss, director of The Center for Urban Business Entrepreneurship at New York’s Brooklyn Law School. “Can you engage with potential buyers even as they are criticizing your house and the choices you made about it? Can you distinguish serious buyers from window shoppers? Can you negotiate without giving away the farm or playing too hard to get?”

Anti-discrimination laws limit what you can tell buyers about issues like the ethnicity of neighbors, or even the number of school-aged kids or seniors on the block. And you have to be willing to show to all comers.

Going it alone also means you won’t have an agent’s advice setting the home up to it up to look its best, though you could hire a professional stager.

Reiss on History of Eminent Domain

The Orlando Sentinel quoted me in History also Parts City, Church in Stadium Dispute  (sign in required). It reads in part,

It’s been said that you can’t fight City Hall. Still, tiny Faith Deliverance Temple is gonna try. The city of Orlando covets its property — now the final piece of the two square blocks upon which will bloom a $110 million soccer savanna for the Orlando City Lions to roam. Church officials balked. So city officials filed suit to seize the land. Goliath shoved. Now, David’s grabbed a sling.

The church has enlisted a Jacksonville property rights law firm to fight for its right to stay put. Any way you slice it, the church’s hopes rest with a judge who, in two previous eminent domain cases involving the soccer stadium, deemed that it fits the definition of a public use.

City Hall considers the stadium manna from Major League Soccer: It’ll nourish the greater community with economic development, jobs and tourism. Pastor Kinsey Shack, meanwhile, simply says her largely black flock “does not want and has not wanted to sell its property.”

It would be easy to reduce the dispute to simplistic terms: Seeing the writing on the wall, the church has fallen prey to the sin of avarice. Orlando offered $1.5 million for property worth less than half that, and most recently upped the ante to $4 million. Church leaders countered with $35 million (but later lowered it to $15 million).

To church officials, it’s simply a matter of fairness. In 2007, Orlando plunked $35 million in cash and other sweeteners into First United Methodist Church’s collection plate. It needed the land for the Dr. Phillips Center for the Performing Arts, and paid a small fortune to the largely white downtown church. In any case, church officials aren’t sweating the optics. Maybe that’s because money isn’t necessarily the root of its revolt.

An alternative motive seems rooted in history, personal and collective. In the late ’70s, Robert Lee Williams moved his wife Catherine, their four kids, and the church he’d incorporated in 1969 to West Church Street in Orlando’s mostly black Parramore neighborhood.

The teeny flock grew as he saved and collected souls through revivals. In the early ’80s, they moved to a West Church Street warehouse. With member donations, Williams bought the property, and largely through the sweat of local day laborers, they moved into a new church home in 1996. Williams died in 1997, but his wife carried on, before passing the mantle to Shack six years ago. For the Williams family, divesting the property divorces them from their community, their history.

Yet, through government strong-arming that very thing is — for blacks in particular — a sordid history as old as America. That’s according to Mindy Fullilove, a Columbia University clinical psychiatry professor in a recent report on the devastation eminent domain wreaks on black communities. “Eminent domain has become what the founding fathers sought to prevent: a tool that takes from the poor and the politically weak to give to the rich and politically powerful.”

David Reiss, a Brooklyn Law School professor, noted in an email that since early last century “local governments have a long history of using eminent domain in black communities, from so-called ‘slum clearance’ to ‘urban renewal’ to ‘blight removal.'”