How to sell your house by owner: a step-by-step guide
Selling without a listing agent is legal in every US state. It takes time and care, but each step is learnable. Here is the full path, with links to the official rules.
Key points
- You can sell your own home without an agent, but your state's law sets the rules for contracts, disclosures and closing.
- Most owners still hire a neutral professional for the closing: a title company, escrow agent or real estate attorney, depending on the state.
- Two federal rules apply to every seller: fair housing rules for your ads, and the lead-based paint disclosure for homes built before 1978.
- There is no set cost to sell. Your costs depend on the services you choose, your state and what you agree with the buyer.
Is selling by owner right for you?
"For sale by owner" (FSBO) means you sell without a listing agent. You set the price, market the home, show it, negotiate with buyers and steer the deal to closing. In return, you do not pay a listing agent's commission, and you stay in control of every decision.
It suits you best if you can answer calls and messages quickly, stay calm in a negotiation and keep careful records. It is harder if you must sell by a fixed date, live far from the home, or your local market is slow. Be honest with yourself before you start: a wrong price or a missed paperwork step can cost more than you save.
The 10 steps to sell your house by owner
- Know your numbers. Ask your lender for a mortgage payoff statement, and list any other liens or loans on the home. You need to know what you owe before you pick a price.
- Prepare and stage the home. Fix what buyers and inspectors will notice, then clean, declutter and take bright photos. See Selling 101: prepare and stage.
- Price it on evidence. Compare recent sales of similar homes nearby, or pay a licensed appraiser for an independent value. See Selling 102: pricing your home.
- Gather your documents. Collect the deed, mortgage details, property tax bills, HOA documents, permits, warranties and repair receipts. Our printable FSBO checklist lists them all.
- Complete your disclosures. Fill in the disclosure form your state requires, and the federal lead-based paint disclosure if the home was built before 1978. See our seller disclosure guide.
- Market the home fairly. Write a clear description, add good photos and put up a yard sign if your HOA and town allow it. Many owners also pay a flat-fee listing service to appear in their local MLS.
- Show it safely. Book showings by appointment, ask serious buyers for a mortgage pre-approval letter, and put away valuables, medicines and personal papers.
- Review offers and sign a written contract. Compare price, earnest money, contingencies (inspection, financing, appraisal) and the closing date. Use your state's standard form or ask an attorney to draft or review it.
- Work through escrow. The buyer usually orders an inspection and the lender orders an appraisal. A title company checks the title. Read the home inspection in escrow so you know what to expect.
- Close. You sign the deed, your old loan is paid off and you receive the rest of the money. Our guide to closing costs explains each charge.
Write a fair-housing-safe FSBO ad
The federal Fair Housing Act bars discrimination in housing because of race, color, religion, sex, national origin, familial status or disability (Department of Justice). HUD explains that the ban on discriminatory ads covers people who place ads, not only the newspapers and websites that publish them (HUD). That includes owners who sell without an agent. The federal rule itself is in 24 CFR 100.75, which also covers signs and flyers. Many states and cities protect more groups, so check your local law too.
The simple rule: describe the home, never the buyer you want.
- Good: "Three bedrooms, fenced yard, two blocks from the bus line, new roof."
- Avoid: wording about who should live there, such as "perfect for a young couple", "no children" or "ideal for a church-going family".
Paperwork you will need
- Proof of ownership (your deed) and details of every loan or lien on the home.
- Your state's seller disclosure form, plus the federal lead disclosure for pre-1978 homes (EPA rule).
- A written purchase agreement that follows your state's law.
- HOA documents, if the home is in a homeowners association.
- The closing documents prepared by your title company, escrow agent or attorney: the deed, a settlement statement and any payoff letters.
Your state's real estate commission often publishes consumer guides and, in some states, standard forms. You can find your state's regulator in the ARELLO regulatory agency directory.
Do you need a lawyer to sell your house by owner?
No federal rule says you must hire one. Some states expect an attorney to handle the closing, while in others a title or escrow company does it. Even where it is optional, many FSBO sellers pay an attorney to review the contract before they sign. Ask how they charge before you hire them, so there are no surprises.
Taxes after you sell
If you sell your main home at a profit, you may be able to exclude some or all of the gain from income tax if you meet the IRS ownership and use tests (IRS Topic 701). If you receive Form 1099-S, you must report the sale even when the gain is excludable. Form 1099-S is the form used to report real estate sales (IRS). IRS Publication 523 has the full rules. A tax professional can help with your own numbers.
What this guide is not
We do not list homes, sell FSBO packages or act for buyers or sellers. We explain the steps and point you to the official rules, so you can decide with clear facts.
Sources
- HUD: Fair housing advertising and marketing
- U.S. Department of Justice: The Fair Housing Act
- eCFR: 24 CFR 100.75, discriminatory advertisements and statements
- EPA: Real estate disclosures about potential lead hazards
- IRS: Topic no. 701, Sale of your home
- IRS: Publication 523, Selling Your Home
- IRS: About Form 1099-S, Proceeds From Real Estate Transactions
- ARELLO: directory of real estate regulatory agencies (every US state)
This page continues a topic from the earlier Learning Center at this web address. We wrote it from scratch with current rules and sources.
How we write: we check every legal and money statement against the official sources above. Read our process or report a mistake.