Selling High-Dollar Personal Property (Hangars, Boat Docks, Structures Not Attached to Land)
The situation: Your client is buying or selling a structure that isn't attached to land — a hangar, boat dock, storage building in a shared community, etc. The land is typically owned by an HOA or community association, and the transaction involves only the structure itself. No title company is involved.
The rule: You cannot draft, modify, or contribute any language to a bill of sale or contract for personal property. This is not a real estate transaction. Writing contracts for non-real-estate transactions is outside the scope of your license.
What to do
- Advise both buyer and seller — in writing, via email — to hire an attorney. Use language like: "I advise consulting an attorney for everyone's protection." An attorney will typically charge $500-$1,000 for the paperwork on a transaction like this. For a six-figure sale, that's cheap insurance.
- Do not draft, modify, or contribute any language to the agreement. If the parties bring you a document they've written themselves, that's their choice — but you are not authoring or editing it.
- Send the transfer agreement to your ASM for brokerage review.
- The brokerage will create an invoice to the seller so there's a clean paper trail for your commission payment. Reach out to your ASM to coordinate this.
Why this matters
These transactions may feel simple, but the consequences are real. A $200,000 hangar sale gone wrong is a $200,000 problem. When consequences are high and there's no title company providing guardrails, an attorney is the right call — every time.
How often will you see this?
Rarely. Austin has maybe two hangar communities and a handful of similar setups. But when it comes up, now you know exactly what to do.