What do I have to do to sell my home for sale by owner (FSBO) in Texas?
Short answer
Texas's real estate license rules are built around people who act for another person for pay, so an owner can generally market and sell their own home. Plan for three legal to-dos: the written seller's disclosure notice, federal lead-based paint disclosures if the home was built before 1978, and any homeowners' association documents. TREC's contract forms are open to the public, with a warning.
Sources last reviewed September 19, 2026. General information, not legal advice.
Do I need a license to sell my own home?
The Texas Occupations Code defines a broker as a person who, in exchange for a commission or other valuable consideration, performs certain acts "for another person": selling, listing, negotiating and similar activities. The license requirement is built around acting for someone else, not around an owner dealing with their own property.
The definition has other parts as well, so if you plan to pay someone to help you sell, ask the Texas Real Estate Commission (TREC) whether that person needs a license.
The disclosures and documents to plan for
- Seller's Disclosure Notice. For most sales of a home with one dwelling unit, Texas Property Code section 5.008 requires you to give the buyer a written condition notice by the effective date of the contract. If it comes later, the buyer may terminate for any reason within seven days of receiving it. It includes flood information. Our seller's disclosure guide covers the exemptions.
- Lead-based paint (homes built before 1978). Federal law requires you to disclose known lead-based paint information, provide available records and reports, and give the buyer the EPA pamphlet "Protect Your Family From Lead in Your Home." A Lead Warning Statement goes in the contract, the buyer gets a 10-day period to inspect (the parties can agree to change it, and the buyer can waive it), and you keep a signed copy of the disclosures for three years. The rule does not apply to homes built after 1977 or to foreclosure sales, among other exemptions.
- Homeowners' association documents. If the home is in a property owners' association, Property Code section 207.003 entitles an owner to copies of the governing documents and a resale certificate. The association or its agent must make them available on request. TREC also has a separate addendum for property subject to mandatory membership in an association.
Can I use the TREC contract forms?
TREC's own answer: "Yes. The contract forms are available for public use." It adds that a TREC contract form "is intended for use primarily by licensed real estate brokers or sales agents who are trained in their correct use. A mistake in the use of a form may result in financial loss or an unenforceable contract. A person using a TREC form assumes all risks associated with its use."
The One to Four Family Residential Contract (Resale) is for single-family homes, duplexes, triplexes and fourplexes. TREC says it is not for condominium transactions, new homes sold by a builder, or farm and ranch properties. For those, or for anything you are unsure about, talk to a Texas real estate attorney.
Deadlines and money in the contract
Two parts of the contract catch first-time sellers off guard. The buyer's option period lets the buyer terminate for any reason during a negotiated number of days, and earnest money and the option fee are due within 3 days of the effective date. Who pays for the owner's title policy is negotiable, and the contract has a box for it. See our option period and title insurance guides for the details.
Doing this on AltPROP
AltPROP is a technology platform built for owners who sell their own homes. Here is how the steps above map to what you can do there:
- List your home. To list, you sign a co-marketing agreement with AltPROP, Inc., which authorizes AltPROP to market your listing.
- Complete and sign your disclosures. Your seller dashboard has disclosure forms for property condition, lead-based paint and environmental hazards. You fill them in and sign them for your listing, deliver them to a buyer through the platform, and the platform records when the buyer acknowledges them.
- Connect with buyers. Buyers who are interested in your home reach you through AltPROP.
What AltPROP does not do
AltPROP does not provide legal advice and does not draft your contract. You remain responsible for the content of your disclosures and for meeting Texas requirements, so check that what you deliver satisfies section 5.008 of the Property Code, and for questions about your situation consult a Texas real estate attorney.
Frequently asked questions
- Can I list my home for sale by owner on AltPROP?
- Yes. AltPROP is a technology platform for owners who sell their own homes. You create a listing, sign a co-marketing agreement with AltPROP, Inc., complete and sign your disclosures, and connect with buyers. The Sell page explains how it works and what it costs.
- Can a homeowner use the TREC contract form without being an agent?
- Yes. TREC says the contract forms are available for public use, but they are intended primarily for licensed brokers and sales agents, and a person using a form assumes all risks associated with its use.
- Does a for-sale-by-owner seller in Texas need to give a seller's disclosure notice?
- Yes, if the sale is covered by Property Code section 5.008. The duty is on the seller of qualifying residential property, not only on sellers who use an agent.
- When do I need lead-based paint disclosures?
- For homes built before 1978. Federal law requires the seller to disclose known information, provide available records, give the buyer the EPA pamphlet, and include a Lead Warning Statement in the contract. Homes built after 1977 and foreclosure sales are exempt.
- How long does a buyer have to inspect for lead-based paint?
- A 10-day period, which the parties can agree to change and the buyer can waive.
- How do I get the homeowners' association documents?
- Property Code section 207.003 entitles an owner to copies of the governing documents and a resale certificate, which the association or its agent must make available on request.
Sources
- TREC: Can a non-license holder use the promulgated contract forms?That the forms are available for public use, and TREC's warning about their intended users and the risks of using them.
- Texas Occupations Code, Section 1101.002 (Texas Legislature Online)The definition of a broker as a person who performs listed acts "for another person" for compensation.
- Texas Property Code, Section 5.008 (Texas Legislature Online)The seller's disclosure notice: who must give it, timing, the seven-day termination right, flood disclosures.
- Texas Property Code, Section 207.003 (Texas Legislature Online)Subdivision information and the resale certificate from a property owners' association, delivered on request.
- U.S. EPA: Real Estate Disclosures about Potential Lead HazardsFederal lead-based paint disclosure requirements for homes built before 1978: pamphlet, known information, Lead Warning Statement, 10-day inspection period, three-year record keeping, exemptions.
- TREC: One to Four Family Residential Contract (Resale), form 20-19Which properties the form is and is not for, and the contract paragraphs on the seller's disclosure notice, lead-based paint and owners' associations.
List your home on AltPROP
Create your listing, complete and sign your disclosures, and connect with buyers in one place. See how selling works, and what it costs, on the Sell page.
Related guides
AltPROP is a technology platform and does not provide legal, tax or brokerage advice. Confirm details with a licensed Texas real estate professional, attorney or tax advisor.