What you save is the listing agent's share of the commission. Clever Real Estate's 2026 survey puts the average California listing fee at 2.57%, about $30,840 on a $1.2 million house. The buyer's agent is a separate fee, and many buyers will ask you to cover it.

This guide shows how to sell your house on your own under the rules every California for sale by owner seller follows, and when a cash sale or an agent is the better route.

Can you sell your own home in California without an agent?

Yes. California licenses people who sell real estate for others, not owners selling their own home. Business and Professions Code 10131 defines a broker as someone who sells property "for another or others" for pay.

The rules of the sale don't change. Each disclosure, contract term and escrow deadline lands on you, unless you hire help such as a California real estate attorney.

How to price a house you sell by owner

Price from recent sales of similar homes near you. Too high costs you weeks. Too low costs you money you can't get back.

Comparable sales: same neighborhood, similar size and condition, sold in the last few months. Use sold prices, not asking prices.
Not your tax bill: under Proposition 13, assessed value starts at the price paid and rises at most 2% a year, as the Department of Real Estate's reference book explains. A house owned for decades can assess far below market.
An appraisal: a licensed appraiser gives you an independent figure for a fee.
Condition: an unpermitted unit, an old roof or a foundation issue will come out in the buyer's inspection. Price as if the buyer already knows, because after your disclosures, they will.

What disclosures does California require when you sell by owner?

The Transfer Disclosure Statement (TDS) and the Natural Hazard Disclosure Statement (NHD) come first. Other notices depend on the house's age, type and city. An owner selling alone owes all of them, and Civil Code 1102 makes any waiver of the TDS rules void.

TDS (Civil Code 1102 to 1102.6): the home's condition as you know it. The Department of Real Estate's list of what it covers includes structural and system defects, work done without permits, soil problems and lawsuits affecting the property.
NHD (Civil Code 1103 to 1103.2): whether the home sits in a FEMA flood hazard area, a dam inundation area, a high or very high fire hazard severity zone, a state wildland fire area, an earthquake fault zone or a seismic hazard zone. You can rely on a report from a third-party provider.
Lead paint, for homes built before 1978: the EPA pamphlet, a Lead Warning Statement in the contract, what you know about lead in the house, and a 10-day window for the buyer to test unless they waive it.
Smoke alarms and the water heater: a written statement that you meet the smoke alarm law (Health and Safety Code 13113.8) and that the water heater is braced (Health and Safety Code 19211).
Houses built before 1960: for one to four units of light-frame construction, the Homeowner's Guide to Earthquake Safety and a disclosure of known weak points, such as missing anchor bolts (Government Code 8897.1 and 8897.2).
Condos and townhouses: the HOA's governing documents and a statement of assessments and unpaid fees (Civil Code 4525).
City rules: San Francisco owners must give the buyer a 3R report of the building's permit history. EBMUD requires a sewer lateral compliance certificate to close escrow where its program applies.

If the TDS arrives after you accept an offer, the buyer has 3 days after delivery in person, or 5 days after delivery by mail or electronically, to cancel in writing (Civil Code 1102.3). Deliver it before you accept.

Start Fresh

Don’t let your house hold you back

Selling as is changes none of this. You can decline repairs, but you still disclose what you know. Our guide to selling a house as is in California covers that line.

How do you list on the MLS without an agent?

You go through a flat-fee broker: a licensed broker who enters your home in the local MLS for a set fee. The Bay East MLS rules call the basic version an entry-only listing.

With an entry-only listing, the broker does not present offers, advise you on them or negotiate. Buyer's agents contact you directly. A limited-service listing adds some of that help for more money. Bay East shares listing data with the other major Bay Area MLSs, so one listing reaches agents across the region. Check the broker's license with the Department of Real Estate before you pay.

Under the Bay East rules, an MLS listing can't offer to pay buyer's agents. Their pay is set in a written agreement with the buyer (Civil Code 1670.50), so an offer may ask you to cover some or all of it. Even if you pay, the buyer's agent works for the buyer (Civil Code 2079.16).

Market it with good photos, a yard sign and an open house, and ask for proof of funds before a private showing.

Offers, contingencies and the contract

Put every offer and counteroffer in writing, on a full California purchase contract. Civil Code 1624 requires a contract to sell real property to be written and signed, and says a text message alone is not enough.

Compare offers on more than price: the deposit, the loan and down payment, the contingencies, the closing date, who pays which costs, and any request for buyer's agent pay.

Contingencies let the buyer cancel and recover the deposit if a condition fails, such as the inspection, appraisal or loan. The Department of Real Estate's reference book gives the common form's usual timelines: 3 days for the buyer's deposit, 17 days to inspect and investigate, and 7 days for the seller's disclosures. Your contract's version and terms control.

If a buyer backs out without a contract reason, keeping the deposit as liquidated damages takes a clause both sides sign or initial separately (Civil Code 1677). When the buyer plans to live in the home, up to 3% of the price is presumed valid (Civil Code 1675).

How escrow and title work when you sell by owner

Escrow is a neutral third party that holds the buyer's money and your signed deed until the contract's conditions are met, then pays everyone (Financial Code 17003). You and the buyer name the escrow holder in the contract.

An escrow company must be a licensed corporation (Financial Code 17200), and banks and title insurers can also hold escrow (Financial Code 17006). Escrow requests your mortgage payoff, which Civil Code 2943 allows. It works with the title company, prepares the settlement statement, sees the deed recorded and sends you the proceeds.

Escrow also handles California's real estate withholding: 3 1/3% of the sales price unless an exemption applies. Selling your principal residence is one, certified on Form 593, according to the Franchise Tax Board.

Who pays which costs follows county custom and can be negotiated. Old Republic Title's January 2024 Bay Area guide shows buyers customarily paying escrow and the owner's title policy in most Bay Area counties, and sellers paying both in Santa Clara County. Sellers customarily pay the county transfer tax of $1.10 per $1,000. City taxes vary: in the guide, Oakland's tax on a $1.2 million sale is $15 per $1,000, or $18,000, customarily split. San Francisco's tiers are in our guide to the costs of selling in San Francisco.

What selling on your own costs in time and risk

The savings are real, and so is the work. When you sell your house by yourself, you are the marketer, scheduler, negotiator and the person chasing every deadline.

Your time: photos, calls, showings, open houses, offers, and every inspection and appraisal visit.
Costs that remain: the flat-fee broker, the buyer's agent if you agree, an attorney, the NHD report, your share of escrow, title and transfer taxes, and repair credits.
Carrying costs: the mortgage, property tax, insurance and utilities run until closing.
Risk: a sale can fall out of escrow over a loan or an appraisal, and a missed disclosure can become a claim after closing.

If the buyer has an agent, you are negotiating with someone who may do this every week.

When a cash sale or an agent is the better route

It depends on the house, your time and how much of the work you want.

An agent: the house shows well, you can wait, and you want someone to price, negotiate and run escrow. You may net more this way than with any cash buyer, us included.
For sale by owner: you have time, contracts don't worry you, and you may already have a buyer, such as a neighbor or a tenant.
A cash sale: the house needs repairs, has unpermitted work or tenants, came to you through an estate, or you don't want showings.

That last group is who we work with. We buy as-is, with no repairs, no showings and no agent commission on our side. We pay fair prices, but not always full market value. For houses needing repairs, we calculate fair prices by subtracting repair costs. See how selling your house to us works and our page on selling a house as is in California.

We can make an offer within 24 hours. We can close in as little as 7 days when the title is clear; 30 to 60 days is typical. The disclosure rules still apply when you sell for cash, to us or anyone else, but you skip the marketing, and a dedicated transaction coordinator works each sale with you. Heirs can start with selling an inherited house, and this cash offer and listing comparison sets out the costs on both sides.

Frequently asked questions

Do I need a lawyer to sell my own house in California?

California does not require one. The sale closes through an escrow holder, which follows the written instructions you and the buyer sign. You can still hire a California real estate attorney to review the contract and disclosures. Ask for a flat fee or an estimate first, and point the review at the deposit, the contingency deadlines, who pays which costs and your TDS.

Can I sell a home as is by owner in California?

Yes. Selling as is means you won't make repairs and the buyer takes the house in its current condition. It does not excuse the disclosures: you still complete the TDS, the NHD and the other required notices, and any waiver of the TDS rules is void. The buyer can still inspect and cancel within the contingency period, so price for the condition from the start.

How do I list my house on the MLS without a realtor?

Hire a flat-fee broker who offers an entry-only or limited-service listing. The broker enters your home in the local MLS for a set fee, and buyer's agents contact you directly. Ask what the fee covers, how long the listing runs and whether the broker presents offers. Check the broker's license with the California Department of Real Estate before you sign or pay.

Do I have to pay the buyer's agent when I sell by owner?

No law requires it. The buyer's agent's pay is set in a written agreement with the buyer, which California requires by the time the buyer makes an offer. An offer may ask you to pay some or all of it, and you can accept, refuse or counter. The Bay East MLS rules bar offers of compensation in a listing, though you can offer the buyer a credit.

What paperwork do I need to sell my house by myself in California?

Start with the TDS and the NHD. Add the smoke alarm and water heater statements, lead paint forms for a house built before 1978, and the earthquake guide for an older light-frame house. Condos need HOA documents. The contract carries the Megan's Law notice that Civil Code 2079.10a requires. Your city may add steps, and escrow will ask for Form 593.

Compare your options at your own pace

If you'd like a cash number to set beside your FSBO estimate, start with how a sale to us works. When you're ready, contact us or call (510) 283-9871. No pressure, and no rush.

This guide is general information, not legal or tax advice. If your sale turns on the details, talk to a California real estate attorney or a tax adviser.

How to Sell Your Own Home in California: A For Sale by Owner Guide