Selling a house by owner: what changes state by state
For sale by owner by state is really two questions in one. The basic job of selling your own home is the same everywhere, but a handful of rules change at the state line, and those rules decide who closes the sale, what you must disclose and what you pay. This page explains the categories that differ, so you know which questions to ask in your state. We are a Florida brokerage, so Florida gets the detailed treatment at the end. For every other state, confirm the specifics with your state's real estate commission or a local real estate attorney before you rely on them.
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For sale by owner by state: what stays the same everywhere
Start with the good news. In every state, an owner can sell their own home without a real estate licence.
The core steps do not change either. You price the home, disclose what the law requires, market it, show it, negotiate, sign a written contract, get through inspection and appraisal, and close.
Some rules are federal, so they apply in every state. The federal lead-based paint disclosure applies to homes built before 1978. Federal fair housing law applies to how you advertise and choose a buyer.
The MLS rule is the same everywhere too. Only a licensed broker can enter a listing, which is why flat fee MLS services operate nationally through local brokers.
And the 2024 NAR settlement changes apply nationwide. Buyer-agent pay is no longer offered through the MLS, and buyers sign written agreements with their own agents.
Read next: the nine steps of an owner sale · the complete by-owner selling guide
For sale by owner by state closing customs: attorney or title company
The biggest practical difference between states is who runs the closing.
In some states, custom or law expects a licensed attorney to be part of a home sale. The attorney may prepare the deed, review the contract, conduct the closing or certify the title. If you sell your own home in one of those states, budget for an attorney from the start.
In other states, title companies handle closings, and attorneys are optional. In parts of the country, independent escrow companies hold the money and documents while a title company insures the title.
These customs can even vary inside a single state, from one county or region to the next.
Do not assume. Ask a local title company or real estate attorney which model your area uses, and whether an attorney must be present at closing.
Read next: how title companies close owner sales
Disclosure rules by state: from buyer beware to mandatory forms
Disclosure rules vary more than almost anything else.
At one end are states that lean toward caveat emptor, the old buyer beware principle. There, the seller's written duties are narrower, although lying about a defect or actively hiding one is still a problem almost everywhere.
At the other end are states with a mandatory disclosure form set by statute. The seller fills in a long list of questions about the roof, systems, water, environmental issues and more.
Many states sit in between. They have a court-made duty to disclose known material defects, or a voluntary form that most sellers use anyway.
Some states also require separate disclosures for specific issues, such as flooding, radon, mould, or a property's past use. Some ask about deaths or crimes on the property, and others limit what can be asked.
Whatever your state's rule, honest disclosure is the safest habit. It protects the sale and it protects you after closing.
Read next: documents an owner needs to sell
Transfer taxes and who pays
Transfer taxes are one of the clearest for sale by owner by state differences. Many states charge a tax when a deed is recorded. It goes by different names, such as transfer tax, deed tax, excise tax or documentary stamp tax.
Some states charge none at the state level. Some let counties or cities add their own tax on top. The rate, the base it is calculated on and the exemptions all vary.
Who pays is often a matter of custom rather than law. In some places the seller usually pays, in others the buyer, and in some the cost is split. Because it is customary, it can usually be negotiated in the contract.
Recording fees, title insurance premiums and settlement fees also vary by state and even by county.
Since these numbers change and differ locally, ask your closing agent for an estimate early, before you accept an offer.
Read next: the line items in an owner sale
Can an owner draft their own contract?
Contract rules are another place where for sale by owner by state answers split. An owner can sign a contract to sell their own home in every state. The question is who may prepare it.
In some states, standard purchase contracts are written by the state's Realtor association, a bar association, or both. Agents use those forms, and owners can often get them too.
In other states, the forms are less standard, and attorneys draft most contracts. A few states limit who may fill in contracts for other people, which matters if a friend offers to help.
If the buyer has an agent, that agent will usually prepare the offer on a form common in that state. Read it closely. The agent represents the buyer, not you.
This is not legal advice. The safest route in any state is to have a local real estate attorney review the contract before you sign.
Read next: who prepares an owner sale contract
For sale by owner by state: the comparison checklist
Rather than a table of state rules that can go out of date, use this checklist. Each row is a question to answer for your state before you list.
Closings. Is an attorney required or customary, or does a title or escrow company handle it? Can a title company hold the buyer's deposit?
Disclosure. Is there a mandatory state form, a voluntary form or a court-made duty? Are there separate disclosures for flooding, radon or other issues? Is the lead-based paint form needed because the home was built before 1978?
Taxes and fees. Is there a state transfer tax, a county or city tax, or both? Who customarily pays each one? Are there recording or mansion taxes that apply at higher prices?
Contracts. Which standard forms are common? Can you get them as an owner? Does the state limit who can fill them in?
Local rules. Does your city or association control signs, open houses or inspections at sale? Florida readers can find each of these answered in our Florida guide.
Read next: answers for Florida owners
Selling by owner in the South and Midwest
Many readers search for how to sell a house by owner in Mississippi, Georgia, Tennessee, Arkansas, Kentucky or Missouri. Others ask about Indiana, Michigan, Wisconsin or Nebraska.
These states do not share one set of rules. They differ on closing customs, disclosure forms and transfer taxes, sometimes sharply. That is why no single answer to for sale by owner by state questions exists, even between neighbours.
What they do share is the basic process on this page and the federal rules above. Price from sold comps, disclose honestly, use a written contract and close through a neutral professional.
For the details, each state has a real estate commission or licensing agency, and many publish guidance for consumers. A local real estate attorney or title company can tell you in one conversation who closes, which disclosure applies and which taxes you owe.
If you are selling a house in one of these states while living in Florida, the out-of-state section below applies too.
Selling by owner in Nevada, Washington and California
Western states come up often in for sale by owner by state searches too, especially Nevada, Washington state and California.
In parts of the West, escrow companies play a larger role in the closing than they do in the East. Disclosure forms in some western states are detailed, and local taxes or fees can apply on top of state rules.
As with every other state, we are not going to list specifics here, because they change and a wrong detail could cost you. Ask your state's real estate licensing agency, or a local escrow company or attorney, before you list.
The steps themselves do not change. Pricing, disclosure, exposure, contract and closing are the same jobs in Reno, Seattle or San Diego as they are in Florida.
Selling by owner in Pennsylvania and the Northeast
Readers also ask how to sell a house by owner in Pennsylvania, including in towns like Allentown.
Northeastern states often have their own customs around attorneys, transfer taxes and local inspections. Some towns require certain inspections or certificates before a sale can close.
Check with your municipality as well as the state. A local requirement can delay a closing if you learn about it late.
A local real estate attorney or title company is the quickest way to get a clear answer for your town. Ask them early, ideally before you set a price, so the costs are in your numbers from the start.
How to check for sale by owner by state rules yourself
You can answer most of the checklist in a few calls.
Start with your state's real estate commission or licensing agency. Many publish plain-language guides on disclosure and contracts.
Then call a local title company, escrow company or real estate attorney. Ask who usually closes, what the closing costs are, which disclosure forms apply and whether an attorney is required.
Your county recorder or clerk can tell you about recording fees and any local transfer tax. Your city can tell you about inspection or certificate requirements at sale.
Write the answers down, with the date and the source. Rules change, and you want to know where each answer came from.
Read next: when an attorney is the right help
Selling an out-of-state house by owner
Out-of-state sales are where for sale by owner by state rules matter most. Selling a house in another state adds distance to every step. You cannot easily attend showings, meet an inspector or fix a problem quickly.
The house is governed by the rules of the state where it sits, not the state where you live. Use that state's disclosure rules, contract customs and closing practice.
Plan for remote closing. Many title companies and attorneys can send documents for signing with a notary near you, and some allow remote online notarisation where the law permits it.
Line up local help for keys, maintenance and showings. A trusted neighbour, a property manager or a flat fee broker can cover the in-person work you cannot do.
If the house is in Florida and you live elsewhere, our out-of-state guides walk through the process in more detail.
Read next: selling Florida property from another state · remote selling, step by step
Florida: the full guide
Florida is where we work, so this is the one part of our for sale by owner by state guide with full detail.
Disclosure comes from Johnson v. Davis. A seller must disclose known facts that materially affect value and are not readily observable to the buyer. Selling as is does not remove that duty. Florida also has a separate flood disclosure for residential sales, and the federal lead paint rule applies to pre-1978 homes.
Closings are handled by a title company or a real estate attorney, and either can hold the escrow deposit. An attorney is not required, though a contract review is wise.
Most sales use the Florida Realtors and Florida Bar residential contracts, in a standard and an AS IS version. The inspection period, deposit and financing terms are all negotiated.
Florida charges documentary stamp tax on the deed, which the seller usually pays. Who pays the owner's title policy depends on county custom. In Miami-Dade and Broward the buyer often pays, while in Palm Beach and much of the rest of the state the seller usually does.
Condo and HOA sales often need association approval and an estoppel certificate. Insurance, flood zones and hurricane season affect buyers here, so have roof, wind protection and insurance information ready.
Read next: what Florida sellers must disclose · how Florida deed stamps are charged · the Florida purchase contract explained
Keep control and still get on the MLS
A flat fee MLS listing puts your home where buyer agents search while you keep running the sale. Add only the help you want: pricing, contract coordination or negotiation.
These pages explain how selling by owner works, with Florida specifics where they matter. They are not legal, tax or financial advice. For a contract, a title issue or an estate, speak to a Florida real estate attorney; for tax, speak to an accountant. We are glad to introduce you to either, and a home valuation costs nothing in the meantime.
Frequently Asked Questions
- Is it legal to sell a house by owner in every state?
- Yes. Owners can sell their own property without a real estate licence in all states. What changes from state to state is the process around the sale, such as who must handle the closing, what you must disclose and which transfer taxes apply. Only a licensed broker can put the home on the MLS anywhere.
- Which states require an attorney to sell a house?
- Some states require or strongly expect an attorney to take part in a residential sale, and customs can differ by region inside a state. Because these rules change and vary locally, confirm with your state's real estate commission or a local real estate attorney. Florida does not require one, although a contract review is wise.
- How do I sell a house by owner in Georgia or Tennessee?
- Follow the same steps as anywhere: price from sold comps, disclose, list, show, negotiate, sign and close. Then confirm the local specifics, especially who closes the sale, which disclosure form is used and which transfer taxes apply. A local real estate attorney or title company can answer those questions quickly.
- How do I sell a house by owner in Michigan or Indiana?
- The process is the same nine steps covered in our how-to guide. State rules on disclosure forms, transfer taxes and closing practice will shape the paperwork. Check your state's licensing agency for consumer guidance, and ask a local title company or attorney about costs before you set a price.
- How do I sell a house by owner in California or Washington state?
- Start with the same steps, then confirm your state's disclosure forms, escrow practice and any local taxes or inspections. Western states often lean on escrow companies at closing, but details vary. Ask a local escrow company or attorney before you list, and keep written records of what you are told.
- Do disclosure laws really differ that much by state?
- Yes. Some states lean toward buyer beware, some use a court-made duty to disclose known material defects, and others require a detailed statutory form. Many add separate disclosures for issues like flooding. The federal lead-based paint disclosure for homes built before 1978 applies in every state.
- Which state's rules apply if I live in one state and sell in another?
- The rules of the state where the property sits. Disclosure, contract customs, transfer taxes and closing practice follow the property, not the seller. Many closing agents can arrange for you to sign with a notary near you, so you do not have to travel for closing.
- Where can I check the rules for my state?
- Your state's real estate commission or licensing agency is the best first stop, and many publish consumer guides. A local real estate attorney, title company or escrow company can confirm closing customs and costs. Your county recorder can explain recording fees and any local transfer tax.
More FSBO Guides
How to sell a house by owner, step by step
The nine steps of an owner sale, from pricing on sold comps to closing with a title company or attorney.
Paperwork for selling a house by owner: the full checklist
Every document an owner needs, from disclosures and the contract to the deed and settlement statement, and who prepares each.
Using a title company or attorney on a for sale by owner sale
What a title company or attorney does when you sell by owner: title search, escrow, closing steps and who pays.
Work out your numbers
What is my home worth?
A valuation built from closed sales in your own community, with the comparables named.
Estimate your net proceeds
Work the commission, documentary stamps and closing costs against your own number.
Current market reports
Prices, days on market and inventory for the counties we cover, updated monthly.
How we list a home
What we do between the listing agreement and the closing table, phase by phase.
Talk It Through
Selling it yourself? Start with the right number
Plenty of owners sell successfully on their own. Onias Derilus is a licensed Florida broker, and a pricing conversation costs nothing whether you list with anyone or not.