When you sell with a company you find on our site, we may earn a small commission. This never influences our rankings or advice.
You're typically responsible for the sales contract if you're selling your home without hiring a real estate agent. You'll often use a contract template created by your state's real estate commission or realtor association.
However, completing a real estate contract template isn’t always straightforward. Every state has rules about how contracts must be written, who can write them, and what must be included. In the 8 states that require attorney involvement, for instance, you’ll need a lawyer to review or prepare the contract. In 41 states, you’re required to attach detailed property disclosures.
In a typical agent-assisted sale, sellers have help navigating state-specific laws and requirements. If you want that kind of guidance without paying full commission, consider working with a top-rated, low commission agent. Many sellers save as much as they would going fully solo, but with far less risk.
đź’° Get help with your real estate contract by working with an agent. Talk to us and find out how you can still save money with just a 1.5% listing fee.
Still committed to selling on your own? Your first step is to research your state’s rules around real estate contracts — including what’s required, who needs to review it, and where to find trusted templates.
đź“ŤSample for sale by owner real estate contracts by state
No matter where you live, using a contract that complies with state and local laws is important. We recommend having a real estate attorney, transaction coordinator, or agent review any template before you move forward since requirements can vary widely by state.
Most contract templates created by realtor associations, state commissions, or bar associations include the same advice: have a legal or real estate professional review your contract before signing.
"My best advice for FSBO (for sale by owner) sellers is to get an attorney involved early on, preferably before the home goes on the market," says Brett Johnson, a real estate investor in Colorado and owner of New Era Home Buyers. "That way, [the attorney] can check or compile the contract, making it legally sound and compliant with state law. This little investment may prevent costly slip-ups and give the seller peace of mind."
🚨 EDITOR'S NOTE: This article is for informational purposes only. It isn't intended to convey legal advice. We recommend you talk to a real estate agent or real estate attorney when selling a home in United States.
What's included in a real estate contract
For your home sale contract to be valid, it must follow state contract laws and meet federal requirements like the Fair Housing Act. That’s why having a real estate attorney, transaction coordinator, or real estate agent review your contract before you sign is important.
Most home sale contracts include the following key sections:
| Contract section | Description |
|---|---|
| 🧑‍🤝‍🧑 Names of buyer and seller | Full legal names of everyone involved |
| đź“Ť Property details | Address, lot size, boundaries, and other relevant information |
| đź’° Financial terms | Price, financing, earnest money, and closing costs, plus concerns like HOA fees and prorated property taxes |
| đź“„ Disclosures | In most states, you must attach a seller disclosure form to your contract. Check the guide for your state for details. |
| ⚠️ Contingencies | The most common contingency clauses cover inspections, financing, and appraisals |
| âť—Default | What happens when the parties don't meet the contract terms |
| 🗓️ Closing details | Date, location, and deadlines |
| ✍️ Signatures | Buyer and seller must sign for the contract to be valid |
Where to get help drafting a real estate contract
Creating a legally sound real estate contract on your own can be challenging, especially if you’ve never done it before. About 7% of home sellers who went without a realtor said the paperwork was the hardest part of the process.[1]
Getting help with your contract from a professional is a good idea. A real estate attorney, transaction coordinator, or experienced agent can guide you through the contract and help you avoid common mistakes.
👉 See all the paperwork for selling without a realtor
Connect with affordable support if you need it via the following resources.
Low commission realtors
Low commission realtors offer full-service support for a lower listing fee — often around 1.5%. Listing agents in the U.S. work for a 2.88% commission on average.[2]
Many sellers skip hiring an agent to save money on commission. But working with a low commission realtor can save you just as much or more while still giving you expert guidance through the contracting process, pricing, and negotiations.
Data shows sellers who don’t use an agent make about 18% less on average on their sale than those who do.[3]
💸 Save on commission and get expert support. Connect with a full-service, low commission agent in United States who'll charge just a 1.5% listing fee — and may help you sell your house for more. Get matched with an agent now!
Transaction coordinators
If you sell without a real estate agent, a transaction coordinator can step in to help with the paperwork. They can make sure your contract is filled out correctly, deadlines are met, and the process stays on track.
👉 Real Estate Witch can connect you with a transaction coordinator for a flat $3,000 fee — no hourly billing, no surprises. Learn more and see if it's the right fit.
Flat fee MLS companies
Flat fee MLS companies can list your home on the local multiple listing service without charging full agent commission. Costs typically range $45–$5,000.
Some flat fee MLS plans even include contract or paperwork support, which can be a big help if you’re selling on your own. Packages that offer these services tend to cost more, but the peace of mind they provide can be worth it.
If you’re confident managing most of the sale yourself but want MLS exposure and optional help with contracts, Houzeo is a great place to start. The platform makes it easy to list your home on your local MLS for a one-time flat fee while staying in control of your sale from start to finish.
Real estate attorneys
A real estate attorney can help you draft or review your contract, explain your legal obligations, and guide you through other complex parts of the sale.
Attorney fees typically range from $196–$492 per hour.
🚨 Connecticut, Delaware, Georgia, Massachusetts, North Carolina, Rhode Island, South Carolina, and West Virginia require you to hire an attorney for some or all of the sales process.
FAQ
If you sell your home without an agent, you’re generally responsible for preparing the sale contract yourself. Most sellers start with a standard template and fill in the details.
You can find real estate contract templates from trusted sources like your state's realtor association or third-party providers such as eForms. Just be sure to have a legal or real estate professional review any template you plan to use. Not all templates you'll find online are up to date or compliant with local law.
The safest option is to start with a contract template from a trusted local source, like your state's realtor association or real estate commission.
You’ll need to fill in the key terms you’ve agreed on with the buyer, including price, contingencies, closing date, and more.
Because this is a legally binding agreement, having a real estate attorney, transaction coordinator, or agent help you draft or review the contract before signing is wise.
Why you can trust us
Real Estate Witch’s mission is to provide accurate, actionable, and practical information you can use to make better decisions on your real estate journey.
We've matched more than 200,000 buyers and sellers with agents, and we have more than 3,800 5-star customer ratings on Trustpilot.
Data sources
We’ve built this article on a foundation of data from multiple reliable sources, including the National Association of Realtors, Thumbtack, and studies and surveys conducted by the Real Estate Witch research team.
We review federal and United States contract requirements at least once a year.
We also used AI to assist with research. Our team fact checked and edited the text, as we do for all of our content.
Related articles
