Your Questions About Real Estate For Sale
March 9th, 2011 by admin

Paul asks…

What is my tax liability for receiving a share of the proceeds of real estate sale of an estate?

In Texas parents died in 2005. Sibling and I equally to share in real estate previously held by parents. Neither wanted so property was sold. At sale proceeds distributed by title company, half to each of us. What is my federal tax liablity? Entire estate was well below Federal Estate Tax limit.

admin answers:

Depends on when it was sold I think. If the estate sold it and then distributed cash to you and sibling, then that's just part of the estate distribution and no tax due. If the estate distributed the real estate to you and sibling, you have a "basis" (amount paid) equal to your share of the value. If you then sell it, you will have either gain or loss for the difference between your basis and the selling price. Probably worth the $$ to get some professional advice if the amounts are big.

Laura asks…

is a real estate sale contract a lean?

I signed a modifaction contract that is broken if i am asked to sign a lean. they have asked me to sign a short sale real estate contract. would that put a lean of 3% on the house for the fee for the broker?

admin answers:

In some states an unpaid brokerage commission can be levied as a lien on the real estate but that would mean that you have sold the house and in that event the broker would usually have been paid from the sale proceeds. In a short sale the lender (mortgage holder) should have agreed to pay the real estate commission as part of their loss.

However, it would appear that the lien to which you are referring would be for work done on the home that is not paid such as a new roof, new air conditioner, etc. In that case this would be a mechanic's lien.

Is the short sale part of the loan modification agreement - meaning did you agree to sell the home to avoid foreclosure? Did you have an attorney represent you in this process? If so, go see your attorney again. If not, it may make sense to see one now as it appears that you do not understand what you signed, to what you have agreed and to what you are now obligated.

Maria asks…

What can I do to sale real estate in a bad market?

I have a piece of commercial real estate in a small montana town. It just went into the foreclosure process so time is of the essences. It's been on the market for 2 years, it's price point is right and it is prime real estate in a difficult location.
The good qualities are the town host the hottest mineral healing waters in the world. I am at a lost as to how to market this and get it sold!
Any thoughts?

admin answers:

"Prime" real estate & "difficult location" should not be in the same sentence.

Prime real estate is Prime real estate because it has the best of everything, especially Location!

Have you been a "for sale by owner" for 2yrs? If not, you're real estate agent is NOT educating you on market conditions & proper pricing.

If you are already in the foreclosure process you probably have about 2-3months left to actually sell it.

Drop the price!!!

If it doesn't seem possible to make a profit after costs & commissions, inquire your agent about getting into a "short sale", where the bank will accept LESS than you owe. Doing a short sale won't harm your credit as bad as actually going into forecloure & the bank owning it.

Make sure your Commercial Realtor is advertising your property on the nationally known websites for commercial properties at www.propertyline.com or www.loopnet.com

Robert asks…

At what age does a minor become an adult for the purposes of a real estate sale?

I have a property. My son, a minor who is 16 yrs old, listed on the deed as joint tenant with right of survivorship. Assuming neither of us dies yet, will he be of legal age to agree to a sale at age 18 or is it 21?

admin answers:

18

Michael asks…

Are real estate sale people generally dishonest?

I mean they buy and sell but produce nothing...is it a less than honorable career? have you been wronged by one? Is there a special place in hell for them?

admin answers:

Wow sounds like someone did you in... Well let me tell you that not all Realtors are dishonest and really a very small percentage need to have their licenses revoked. I am a Realtor and I work very hard to be honest and forthright. I have a large following because my clients are happy. I have given up commissions because the other side of a deal was put together by a snake in the grass. It always pays to put everything on the table and if you can't for some reason... You should get out of the business.

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