Selling a House by Owner Contract: The FSBO Purchase Agreement, Clause by Clause (2026)

Updated November 2026. For FSBO sellers and buyers in any state who need the purchase agreement, clause by clause, and the right state form.

A selling-a-house-by-owner contract is the written purchase agreement you and your buyer sign; to be enforceable it must be in writing and signed by both sides. As of November 2026, most FSBO deals start from the state’s standard form, such as Texas TREC form 20-19, with 13 clauses to check before a title company or attorney closes.

Who fills it in? The buyer’s agent if there is one, otherwise you, the buyer or a real estate attorney. Listing with Beycome? Flat fee MLS packages from $99 include your state’s forms in the dashboard and e-signature, with $0 due to Beycome at closing.

Jump to: 🤝 Who prepares it · 🪜 Clause checklist · 📍 State forms · 🏠 Where to get forms · 💲 Agent pay · ❓ FAQ

Who prepares the purchase agreement in a for sale by owner sale?

There’s no single answer. It depends on who’s at the table, and on your state.

The buyer’s side usually makes the first written offer. You accept, counter or decline. A counter is a new offer, so the deal exists only once both sides sign the same terms.

Some states put lawyers at the center. In North Carolina, the State Bar says a nonlawyer may not handle a residential closing for the parties. In California, the standard C.A.R. form doubles as joint escrow instructions. That’s why the state table below matters more than any generic template.

Do you need a realtor to write it? No, it isn’t required. It’s your choice. An agent fills in the form, tracks deadlines and negotiates the terms. Here’s a side-by-side of a private sale and using an agent. Without one, you handle those parts yourself, and an attorney review is the common middle path.

What goes in a for sale by owner purchase agreement? A 13-clause checklist

Use this as your review list before you sign. Leave nothing blank. If a term doesn’t apply, write “N/A.”

The disclosures that apply everywhere

Seller disclosure rules are set by each state. Some require a detailed form before the buyer signs. Others follow “buyer beware” with exceptions. Federal law adds one rule in every state.

For most homes built before 1978, the seller must disclose known lead-based paint and hazards, hand over the EPA pamphlet, and give the buyer a 10-day period to test for lead, a window both sides can change in writing, or the buyer can waive. That comes from the EPA’s real estate disclosure rule. Our guide to seller disclosures covers the common state ones.

Signing online

Under the federal E-SIGN Act, a contract can’t be denied legal effect just because it was signed electronically. So both sides can sign by hand or with an online signature. Ask your closing agent what they accept for the deed, since recording rules are local.

Selling land instead of a house?

The same basics apply. Land buyers such as CashOnLands.com buy lots directly, and you’d still want a written agreement with a clear legal description, access and closing terms.

Which form does my state use?

Beycome lists in 17 states and DC. Here’s the standard purchase form in each, where we could confirm it on an official or association site on October 27, 2026. Where we couldn’t, the row says what to ask. Many association forms are licensed to members, so an owner selling alone may not be able to download them directly.

Texas is the easy case. TREC posts its forms on its own site. Form 20-19 covers homes up to fourplexes, but not condos, new builder homes, or farm and ranch land.

Where no single form is confirmed, ask the title company or closing attorney three things. Which purchase form do local buyers’ agents use? Which state or local disclosures must be attached? Who will hold the earnest money?

Where can you get an FSBO purchase agreement form?

If you list with a Beycome flat fee MLS package, your state’s forms are in your dashboard under Legal Forms. You need to log in to see them. Offers come into the same dashboard, and you sign with e-signature, which is included in every package.

On Basic (from $99) and Enhanced ($399), the Artur AI assistant helps you read offers and plan a counter. On Concierge (current price on that page), a dedicated expert negotiates with you, always on your side, and you stay in control of every decision. Every package is $0 at closing.

If you’re selling without any listing service, try your state’s real estate commission first. Some publish forms for the public, like TREC in Texas. Otherwise a local real estate attorney can supply and fill in the form local buyers expect.

Related reading:

• The essentials of a for sale by owner real estate contract, a shorter primer.
• How a purchase and sale agreement works, step by step.
• Selling by owner with a contract vs. a flat fee MLS listing, side by side.
• The paperwork to sell your home without an agent, beyond the contract.

For scale: 22,000+ homeowners have used Beycome, saving over $225 million (Beycome internal data, October 2026).

How does buyer-agent compensation work in an FSBO contract?

If your buyer has an agent, that agent will be paid by someone. The buyer can pay under their own written agreement. You can also choose to offer something, or the buyer can ask for it in the offer.

Beycome doesn’t set, collect or pay buyer-agent compensation on a Beycome listing. If you decide to offer it, you agree on it directly with the buyer’s broker in a separate written agreement that Beycome isn’t party to. Beycome sellers get a free template for that in Legal Forms, the Compensation Agreement between Seller and Buyer’s Broker, which serves as escrow instructions at closing.

Here’s an example only. On a $350,000 sale, a 2.5% buyer-agent commission would be $8,750. Commissions are not set by law or NAR rules, and they are fully negotiable. You choose whether to offer any buyer-agent compensation, and how much. Since August 17, 2024, those offers can’t be shown on the MLS, though sellers can still make them off the MLS, per NAR’s settlement summary.

How do you buy a house from an owner with a contract?

As the buyer, you’ll likely write the offer on the state form, with your preapproval letter and dated financing, appraisal and inspection contingencies. Put your deposit with a title company or attorney, and order the title search early. Our guide on buying a house from an owner goes deeper.

Want representation as a buyer? The Beycome buyer program has no upfront fee. It’s open to every buyer on homes listed by other agents: Beycome keeps 1% of the price (minimum $1,499) from the buyer-agent commission and credits the rest at closing. The credit can’t apply where no buyer-agent commission is offered, like most FSBO homes, or on homes listed by Beycome sellers.

What are the most common FSBO contract mistakes?

• Using a generic template that skips your state’s notices.
• Leaving deadlines blank or vague.
• Holding the earnest money yourself.
• Not listing every owner on the deed as a seller.
• Forgetting the lead paint form on a pre-1978 home.

Closing costs sit outside the price: title charges, recording fees, transfer taxes in many states and prorated property taxes. Our guide to who pays closing costs when selling explains the usual split. In Florida, Texas, Michigan, Ohio, Illinois and Indiana, Beycome Title can close the sale for a flat settlement fee.

Frequently asked questions