For Sale by Owner 

Protect Yourself from For Sale By Owner Scams

A For Sale By Owner (FSBO) contract is a real estate purchase agreement used when a homeowner sells their property without hiring a real estate agent or broker. In this situation, the seller handles the sale directly with the buyer, and the contract outlines all the legal terms of the transaction.

Key Things a FSBO Contract Includes

A typical FSBO purchase agreement contains many of the same elements as a traditional real estate contract:

  • Buyer and seller information
  • Property address and legal description
  • Purchase price
  • Earnest money deposit
  • Financing terms (cash, loan type, etc.)
  • Inspection contingencies
  • Appraisal contingencies
  • Closing date
  • Items included with the sale (appliances, fixtures, etc.)
  • Disclosures required by law
  • Signatures of both parties

How It Works

  1. The seller markets and negotiates the property themselves instead of using a real estate agent.
  2. Once the buyer and seller agree on terms, they sign a FSBO purchase agreement.
  3. The signed contract is then typically sent to a title company like Patriot Title Agency to begin the title search, escrow process, and closing preparation.

Why Some People Use FSBO

Advantages

  • Seller may save on real estate commission
  • Direct communication between buyer and seller

Potential Challenges

  • Sellers must handle pricing, marketing, negotiations, and paperwork
  • Higher risk of contract mistakes or missed disclosures
  • Many FSBO sellers still rely on title companies or attorneys to ensure the closing is done correctly.

Role of the Title Company

Even with FSBO transactions, a title company handles important parts of the closing process such as:

  • Performing the title search
  • Issuing title insurance
  • Managing escrow funds
  • Preparing closing documents
  • Recording the deed with the county

In short, a FSBO contract is simply the legal agreement between a buyer and a seller when the home is sold without a listing agent, but the transaction still typically involves professionals like title companies, lenders, and inspectors to complete the closing safely.