Free FSBO Guides for All 50 States + DC

Every State Handles FSBO Differently

Selling your home by owner is legal in all 50 states plus the District of Columbia, but each state has its own seller disclosure requirements, closing process, and transfer taxes. This hub links to a complete FSBO guide for every state.

Every guide covers what you must disclose, how closings work in that state, transfer tax responsibilities, special FSBO considerations, and how to list your home free on SaveOnYourHome.com. No listing fees, no commissions, ever.

Disclosure is the process of telling buyers about known problems with your property before they agree to buy it. Get it right, and you’re protected. Get it wrong, and you could face lawsuits years after closing.

Why disclosures matter, even when you’re selling “as-is”

Many sellers assume that listing a home “as-is” means they don’t have to tell buyers anything. That’s a dangerous misconception. “As-is” describes price negotiation, not legal liability. In most states, selling as-is still requires you to disclose known material defects, any condition a reasonable buyer would want to know about: a leaky basement, a bad roof, an underground oil tank, a history of flooding.

The consequences of non-disclosure range from paying repair costs, to having the entire sale unwound by a court, to treble (triple) damages under some state consumer-fraud laws. The good news: honest disclosure protects you. When buyers receive full information, they can’t later claim you hid something.

The 3 federal disclosures that apply to every home sale

1. Lead-based paint (pre-1978 homes)

Any seller of a home built before 1978 must disclose known lead-paint information, provide the EPA pamphlet “Protect Your Family from Lead in Your Home,” give buyers a 10-day window to inspect, include a signed Lead Warning Statement in the contract, and keep a signed copy for three years. (Title X; 40 CFR Part 745.)

2. FIRPTA (foreign sellers)

If the seller is a foreign person, the buyer must withhold a percentage of the sale price for the IRS. U.S. citizens and permanent residents provide a Certificate of Non-Foreign Status (FIRPTA Affidavit) at closing to release the buyer from withholding. (IRC § 1445.)

3. Mortgage-related disclosures (RESPA / TRID)

If the buyer is financing, federal law requires specific loan and closing-cost disclosures. As a seller you may complete a Seller’s Closing Disclosure showing your proceeds and credits. Your title company or closing attorney handles most of these forms.

How state disclosure laws work: 3 approaches

Statutory form required. The state mandates a specific written disclosure form delivered before the buyer is contractually obligated (e.g., California, New Jersey, New York, Texas). ~35+ states.

Common-law duty (no form). No prescribed form, but courts require sellers to disclose known latent material defects (e.g., Florida, Missouri, Arizona). ~10 states. Put your disclosures in writing regardless.

Caveat emptor (buyer beware). No general duty to disclose, but sellers still cannot actively lie or conceal, and the federal lead-paint rule still applies (e.g., Alabama, Arkansas, Georgia, Wyoming). When in doubt, disclose.

When should you consult a real estate attorney?

Always, but especially if your home predates 1978, has (or had) an underground oil tank, sits in or near a flood zone, has had water damage or structural repairs, involves boundary or title issues, is an estate or jointly owned property, has a municipal violation notice, or your state requires attorney involvement at closing.