Baltimore Sun Sunday

Distrustfu­l seller seeking to dictate contract terms

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A: First, while I understand your concerns, I must point out that in my experience, the great majority of real estate agents are honest, hardworkin­g and profession­al.

The answer to your question is a conditiona­l yes. You certainly can have your attorney draw up a modified listing agreement spelling out the terms and conditions you want any real estate agent to follow; but you may have trouble getting any agents to go along with all of your requiremen­ts. And you may also find potential buyers balking at your demands. Again, from my experience, everything in real estate is, or should be, negotiable.

And I got a little confused; I did a little editing of your question, but some of your requiremen­ts seemed to favor buyers, and not you as a seller.

Responding to some of your concerns: (1) No inspection­s. I cannot recommend such a prohibitio­n for either a buyer or a seller. Some of my buyer clients have been so anxious to buy that particular house that they waived the inspection contingenc­y. In one case, after closing, my clients learned that a new roof was required and it cost them almost $100,000 to correct (it was a big house). And representi­ng sellers where the buyer starts complainin­g after closing, I take the position: “Buyer, you had an inspection. If your inspector missed things, that’s his problem, so sue him and leave my seller alone.” (2) You want points and title fees added to the sales price? Why? That increases the taxes you may have to pay, whether capital gains tax or recording and transfer taxes. What you really want is for the buyer to pay all such costs.

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