Seller / Agent Talking Points

A seller should be very sure of the boundaries of the property before describing these boundaries to an agent or buyer. Remember, a seller can be held liable for making an innocent misrepresentation. If the seller is unsure, the land description should be checked or a new survey performed.

If a seller wants to remove items that might be considered fixtures, a written list of excluded items should be incorporated into the listing agreement. It may be advisable to simply remove certain items before showing the property and then there can be no question on whether the item was meant to be included.

Seller needs to be aware of any easements and if they will be passed with the sale of the property or retained.

If the property has been leased, does the lease provide a termination date? If not, how much notice must be given the tenant?

Seller needs to fully understand the terms of the listing agreement and be truthful with the agent and potential buyers concerning all material facts about the property. Seller should provide past inspection reports and other documentation asked for in "Seller’s Disclosure" form if available.

Seller must make clear to agent what terms of sale are acceptable and what personal information your agent may disclose to potential buyers.

If seller breaches the contract, what kind of damages could he/she be liable for. Is there a provision for liquidated damages and could specific performance be required?

Has a valid and enforceable earnest money agreement been signed?

Before signing final escrow documents, check to see that:

• The deed is correct
• Credit has been given for any prepaid fire insurance premiums and for your impound account
• Proration calculations are correct
• Payoff of old loan is correct
• Sales price is correct
• If house is heated with oil, measure remaining oil left in tank prior to closing.