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How to Sell Your Home Without a Realtor in Texas

Texas is one of the best states in the country to sell FSBO. No state income tax, strong buyer demand, no attorney requirement at closing, and a straightforward disclosure process. On the median Texas home ($340,000), a 6% agent commission costs $20,400 - money that stays in your pocket when you sell yourself.


Is FSBO Legal in Texas?

Yes, 100% legal. Texas has no requirement for a real estate attorney at closing. Title companies handle closings in Texas and they will work directly with FSBO sellers - no agent needed.


Texas FSBO Disclosure Requirements

Texas law requires sellers to complete the Seller's Disclosure Notice (TAR 1406 / TREC OP-H). This is mandatory for most residential sales (single family homes, townhomes, condos).

What you must disclose:

  • Known defects: roof, foundation, HVAC, plumbing, electrical
  • Flooding history or flood plain location
  • Lead-based paint (homes built before 1978 - federal requirement)
  • HOA membership and any special assessments
  • Any pending litigation affecting the property
  • Previous termite infestation or treatment
  • Presence of asbestos, radon, or other environmental hazards

Where to get the form: Download the Texas Seller's Disclosure Notice from the Texas Real Estate Commission (TREC) website - it's free. Look for form OP-H.

Texas Caveat Emptor Note: Texas follows a modified caveat emptor doctrine - sellers must disclose known defects but are not required to investigate. Disclose what you know. Do NOT guess or speculate about conditions you haven't verified.

Exemptions (Disclosure Not Required)

  • Estate sales (inherited property)
  • Foreclosure sales
  • Transfers between co-owners
  • Sales to a spouse or close family member
  • New construction (builder handles separate disclosure)

Texas Purchase Contract

Unlike some states, Texas does not require you to use a state-mandated contract. However, the Texas Real Estate Commission (TREC) publishes standard residential purchase contracts that are widely used and understood by title companies:

  • TREC Form 20-17: One to Four Family Residential Contract (Resale) - the most common form
  • TREC Form 30-16: Residential Condominium Contract

Download free from trec.texas.gov/forms. These are the same forms agents use.

Key Texas contract terms to understand:

  • Option Period: Texas has a unique "option period" concept - buyer pays a small option fee ($100-500 typically) for an unrestricted right to terminate during the inspection period (usually 5-10 days). This is Texas-specific.
  • Earnest Money: Held by the title company, not the seller's agent. Typically 1-2% of purchase price.
  • Third-Party Financing Addendum: Required if buyer is getting a mortgage.
  • Survey: Texas sales often require a survey. Clarify who pays (typically buyer unless existing survey is acceptable).

Title Companies in Texas

Title companies handle all closings in Texas. They:

  • Conduct a title search (verify you own it free and clear)
  • Issue title insurance (required by most lenders)
  • Hold earnest money in escrow
  • Prepare closing documents
  • Record the deed
  • Disburse funds to you

FSBO sellers deal directly with the title company - no agent needed as intermediary. Contact a title company as soon as you have an accepted offer.

Title/closing fees in Texas typically run $1,500-3,000 split between buyer and seller (negotiable in the contract). Shop around - fees vary.

Major Texas title companies: Chicago Title, Fidelity National Title, First American Title, Stewart Title, Old Republic Title.


Where to List FSBO in Texas

ListYourOwn.homes - dedicated FSBO platform, your listing stays owner-controlled

Zillow FSBO - high traffic but routes leads to agents

Facebook Marketplace + local neighborhood groups - strong in Texas markets

HAR.com (Houston Association of Realtors) - unique to Houston, public-facing MLS search. FSBO sellers can list here for a flat fee.

Yard sign - still extremely effective in Texas. People drive neighborhoods.

Flat-fee MLS - list on the Texas MLS (HAR, NTREIS, ABOR, SABOR etc.) for $200-500. You still pay buyer's agent commission (2-3%) if they bring the buyer.


Texas FSBO by Market

Austin (Travis County / Williamson County)

  • MLS: Austin Board of Realtors (ABOR)
  • Market: Cooling from 2021-22 peak but still active. Tech sector drives demand.
  • Average DOM (Days on Market): 40-60 days in 2025-2026
  • Typical earnest money: 1-2% of purchase price
  • Key neighborhoods for FSBO traffic: Cedar Park, Round Rock, Pflugerville, Leander, Buda, Kyle

Dallas-Fort Worth (Collin, Dallas, Denton, Tarrant Counties)

  • MLS: North Texas Real Estate Information Systems (NTREIS)
  • Market: Large inventory, buyer-friendly. FSBO works well in established neighborhoods.
  • Popular FSBO areas: Frisco, McKinney, Allen, Plano, Arlington, Mansfield

Houston (Harris, Fort Bend, Montgomery Counties)

  • MLS: Houston Association of Realtors (HAR) - public-facing at har.com
  • Market: Diverse, large inventory. Houston is one of the most FSBO-friendly major markets.
  • Note: HAR.com has a FSBO flat-fee listing option directly on their platform.
  • Popular FSBO areas: Sugar Land, Katy, The Woodlands, Pearland, League City

San Antonio (Bexar County)

  • MLS: San Antonio Board of Realtors (SABOR)
  • Market: Military/government-driven demand, steady. Good FSBO market.
  • Popular FSBO areas: Schertz, New Braunfels, Boerne, Converse, Live Oak

Texas Transfer Taxes

Good news: Texas has no state transfer tax or deed tax. You do not pay a tax when you sell your home based on the sale price. Some counties and cities charge nominal recording fees (typically $15-50).


Texas Homestead Exemption

If this was your primary residence, remember to:

  1. File to remove the homestead exemption after sale (done at county appraisal district)
  2. Notify the appraisal district of the sale

The buyer will re-file for homestead exemption after closing.


Texas Capital Gains

If the home was your primary residence for at least 2 of the last 5 years:

  • Single filers: exclude up to $250,000 in gains
  • Married filing jointly: exclude up to $500,000 in gains

Texas has no state income tax, so capital gains on real estate are only subject to federal tax.


Step-by-Step Texas FSBO Timeline

  1. Price your home - pull sold comps from HAR (Houston), ABOR (Austin), or Zillow for Dallas/SA
  2. Complete Seller's Disclosure Notice (TREC OP-H)
  3. Prep and photograph - hire a photographer ($150-300)
  4. List on ListYourOwn.homes + Zillow FSBO + Facebook
  5. Hold showings - respond fast, get out during showings
  6. Receive offers - review using TREC Form 20-17
  7. Negotiate and sign - written counter-offers only
  8. Open escrow with title company - they take over from here
  9. Option period (5-10 days) - buyer does inspection, can exit for any reason
  10. Appraisal (if financed) - lender orders appraisal
  11. Clear to close - lender approves final loan
  12. Final walkthrough - 24-48 hours before closing
  13. Closing - sign at title company, get your check

Common Texas FSBO Mistakes

Not using TREC forms. Custom contracts confuse title companies and buyers. Stick with TREC forms.

Forgetting the option period. Texas buyers expect an option period. Not offering one will reduce your buyer pool.

Mispricing in a shifted market. DFW and Austin have seen significant inventory increases since 2022. Check current active listings, not just sold comps from 2021.

Not disclosing flooding. Texas flood history is taken extremely seriously post-Harvey. Disclose everything on the TREC form and be specific.


Useful Texas FSBO Resources


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Complete FSBO Toolkit

Everything you need to sell FSBO in Texas

The Complete FSBO Toolkit maps every tool to Texas law and practice. Contracts, disclosures, negotiation scripts, inspection guidance, and a closing checklist - the full transaction, start to finish.

  • Texas-specific purchase contract template
  • Texas disclosure form walkthrough and compliance checklist
  • Negotiation playbook with word-for-word counter-offer scripts
  • Offer comparison tracker (evaluate multiple offers side by side)
  • Inspection response guide - what to fix, what to push back on
  • Full closing checklist for state law and practice

One-time payment. Instant access to the members area.