Updated October 2026. California Civil Code sections rechecked on October 31, 2026.
A FSBO agreement in California is the written purchase contract you and your buyer both sign. As of October 2026, it names the price, deposit, escrow, contingencies and closing date, and it comes with the state’s disclosures. Even an “as is” sale can’t skip the Transfer Disclosure Statement, and a kept deposit is presumed valid only up to 3% of the price.
Want agents’ buyers to see your home before the first offer? List your California home on the MLS with $0 due to Beycome at closing. You still set the price and decide on every offer.
Jump to: 📝 Contract names · 🏠 What goes in it · 📸 Disclosures · 🤝 As-is sales · 🪜 Step by step · 💲 Costs · ❓ FAQ
Key takeaways
- The Transfer Disclosure Statement can’t be waived, “as is” or not (Civil Code § 1102.1).
- If a disclosure arrives after the offer is signed, the buyer gets 3 days (in person) or 5 days (mail or e-delivery) to cancel.
- A liquidated damages clause is presumed valid up to 3% of the price: $22,845 on California’s $761,500 typical home value.
- The county transfer tax is $0.55 per $500, about $838 on $761,500. Some cities add their own.
Is a FSBO agreement the same as a for sale by owner contract?
Yes. “FSBO agreement,” “for sale by owner contract,” “FSBO purchase agreement” and “home for sale by owner contract” all name one document: the purchase agreement between you, the owner, and your buyer. California law says a contract to sell real property must be in writing and signed by the party it binds (Civil Code § 1624).
People mix it up with other paperwork, so here’s what each piece does.
| Document | Who signs it | What it does |
|---|---|---|
| Purchase agreement (the FSBO agreement) | You and the buyer | Sets price, deposit, contingencies and closing date |
| Counteroffer | The side that changes the terms | Replaces the last offer; the deal binds only when both sides sign the same terms |
| Disclosures (TDS, NHD, lead paint) | You, and the buyer to acknowledge | Tell the buyer what you know about the home and the area |
| Listing agreement | You and a broker, if you use one | Lets a flat fee broker put the home on the MLS; it is not the sale contract |
What goes in a California FSBO purchase contract?
In California, the buyer usually makes the first written offer and the seller counters. When both of you sign the same terms, that’s your contract. Here’s what it should cover.
| Term | What to write |
|---|---|
| Parties and property | Full legal names, address, APN and legal description |
| Price and financing | Price, loan amount and type, or proof of cash |
| Deposit | Amount, when it’s due, and the escrow company that holds it |
| Contingencies | Inspection, loan, appraisal, and how many days each one lasts |
| Escrow and title | Which escrow and title companies, and who pays what |
| Disclosures | Which reports the seller delivers, and by when |
| Liquidated damages | Whether the deposit is the seller’s only remedy, initialed by both |
| Closing and possession | Close of escrow date and when the buyer gets the keys |
| Included items | Appliances, fixtures and anything else that stays |
Most agents use the California Association of REALTORS® form. Owners can use other California forms, or pay a lawyer to write one. Looking for a for sale by owner form? Beycome sellers can find state forms in the Legal Forms section of their dashboard. Whichever you use, read every clause before you sign. Our guide to what makes a FSBO contract legally binding covers signatures, e-sign and amendments.
Need your parcel number for the form? Here’s how to find a California APN.
Which disclosures does a California seller have to give?
California has detailed seller disclosure rules. The main ones for a home sale:
- Transfer Disclosure Statement (TDS). Required for sales of single-family residential property under Civil Code § 1102. Any waiver of it is void.
- Natural Hazard Disclosure (NHD). Tells the buyer if the home is in areas like a FEMA special flood hazard zone or a dam failure flooding area (Civil Code § 1103.2).
- Lead-based paint disclosure. For homes built before 1978. Federal rules also give the buyer 10 days to test for lead, unless they agree to waive it or change the period.
- Local and HOA documents. Some cities and counties add forms. Condos and HOAs add their own documents.
What if I give a disclosure late?
Civil Code § 1102.3 gives the buyer time to back out. If a required disclosure, or a big change to one, arrives after the offer is signed, the buyer has 3 days after delivery in person to cancel. It’s 5 days after mailing, or 5 days after electronic delivery when both sides agreed to e-sign. So deliver disclosures early, before or with acceptance.
Can I sell my California house “as is” by owner?
Yes, you can sell without making repairs. But “as is” doesn’t cancel your disclosure duties. The Legislature wrote it into Civil Code § 1102.1: the TDS “may not be waived in an ‘as is’ sale.”
Here’s what an as-is contract usually does:
- It says you won’t make repairs or give credits for them.
- It still lets the buyer inspect, and often lets them cancel after the inspection.
- It keeps every required disclosure, filled out honestly.
Being honest protects you. A buyer who finds out about a known problem after closing may still sue, even in an as-is sale. When in doubt, tell them.
How do you write a California FSBO contract, step by step?
- Gather your papers. Deed, APN, loan payoff, HOA documents, permits and any past inspection reports.
- Order your reports. Fill out the TDS and order the NHD report before you list.
- Pick a contract form. Use a California-specific purchase agreement, not a generic national template.
- Review the buyer’s offer. Check the price, deposit, loan type and every contingency deadline.
- Counter in writing. Change only what you need. Keep a copy of each one.
- Open escrow. The buyer’s deposit goes to escrow, never to you directly.
- Track the deadlines. Get each contingency removal in writing.
- Close. Escrow pays off your loan, collects transfer tax and records the deed.
Selling without a listing agent? Our guide to the paperwork to sell without an agent lists every document. For a general view, see the real estate contract for sale by owner.
Do I need an attorney?
Many California sales close through an escrow company without an attorney. Still, a one-time contract review by a real estate attorney costs far less than a dispute. It’s worth it if your deal has odd terms, like a seller loan or a rent-back.
What does a FSBO sale cost in California?
Here’s an example on the typical California home value of $761,500 (Zillow, September 2026).
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On homes listed by other agents, Beycome credits you up to 2% of the price at closing (1% kept, $1,499 minimum; not on FSBO homes or homes listed by Beycome sellers).
Buy a home →| Cost line | Amount |
|---|---|
| County transfer tax ($0.55 per $500) | About $838 |
| Liquidated damages cap presumed valid (3%) | Up to $22,845 |
| Beycome Basic MLS listing | $129 upfront, $0 to Beycome at closing |
Some cities add their own transfer tax. Escrow, title, the NHD report and any buyer’s agent pay you agree to are extra.
Beycome lists California homes on the MLS for $129, and in California the listing can run as an open listing. You keep control of price, showings and every offer, and the fee is earned once the listing is live, so nothing more is owed to Beycome if you find the buyer yourself. Read how to list a California home on the MLS by owner, compare California flat fee MLS services, or start your flat fee listing. Buyers sometimes ask the seller to cover costs; here’s who pays which closing costs.
Before you sign anything, our guide to selling a California home without a realtor covers pricing, showings and escrow. Selling in another state? See our Florida FSBO contract guide.
Ready to take offers? Compare Beycome’s listing packages, each with e-signature for offers and counters, and $0 due to Beycome at closing.
California FSBO contract FAQ
What is a FSBO agreement?
It’s the purchase contract between a home’s owner and the buyer, signed without a listing agent. In California it sets the price, deposit, escrow, contingencies and closing date, and it travels with the required disclosures.
Is a for sale by owner contract legally binding in California?
Yes, once both of you sign the same written terms. Civil Code § 1624 requires a contract to sell real property to be in writing and signed by the party it binds.
Is a FSBO purchase agreement the same as a listing agreement?
No. The purchase agreement is between you and the buyer. A listing agreement is between you and a broker, for example a flat fee broker who puts the home on the MLS.
Can I use a generic for sale by owner contract in California?
It’s risky. California has its own rules on forms, deposits and deadlines. Use a California-specific purchase agreement or have an attorney draft one.
Is a for sale by owner “as is” contract legal in California?
Yes. You can refuse repairs, but you still must deliver the Transfer Disclosure Statement and other required disclosures.
How much deposit can a seller keep if the buyer backs out?
With a signed liquidated damages clause on a home of up to four units the buyer plans to live in, up to 3% of the price is presumed valid. More than 3% must be shown to be reasonable.
Who holds the deposit in a FSBO sale?
A neutral escrow company named in the contract. The buyer should never pay the seller directly.
Can the buyer cancel after signing?
Yes, within contingency periods, or within 3 to 5 days if a required disclosure is delivered after the offer is signed.
Where can I get California FSBO forms?
From a real estate attorney or a form provider. Beycome sellers can find state forms in the Legal Forms section of the dashboard.
Reviewed by Beycome Brokerage Realty Inc., a licensed California real estate brokerage. Licenses are listed at beycome.com/faq/how-to/are-you-a-licensed-broker/.
Statutes quoted from California Civil Code §§ 1102, 1102.1, 1102.3, 1103.2, 1624 and 1675 and Revenue and Taxation Code § 11911, read on October 21, 2026 and rechecked on October 31, 2026. Home value: Zillow Home Value Index, California, September 2026.
Beycome prices are as of November 2026 and can change; Basic is $129 in California. “$0 at closing” means no Beycome fee at closing. Other closing costs, taxes, escrow and title fees, and any buyer’s agent pay you agree to still apply. Listing term is the maximum the state and MLS allow (24 months; 12 in Maryland and Pennsylvania). Cancel free means no cancellation fee, not a refund; listings under contract can’t be canceled.
This is general information, not legal advice. Talk to a California real estate attorney about your own sale.
Sources
- California Civil Code § 1102, transfer disclosure, waiver void.
- California Civil Code § 1102.1, no waiver in “as is” sales.
- California Civil Code § 1102.3, late disclosure cancellation period.
- California Civil Code § 1103.2, Natural Hazard Disclosure.
- California Civil Code § 1624, contracts that must be in writing (read October 31, 2026).
- California Civil Code § 1675, liquidated damages.
- California Revenue and Taxation Code § 11911, documentary transfer tax.
- EPA, lead-based paint real estate disclosure.
- Zillow Research, Zillow Home Value Index, September 2026.
- Beycome, listing package features, October 2026.
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