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How to sell your house by owner in California

For sale by owner (FSBO) in California, without a realtor · rules checked · sources

Attorney at closing
Not required
Seller disclosure
Required
State transfer tax
0.11%

California doesn't require an attorney: an escrow company usually handles the closing. California sellers must give buyers the Real Estate Transfer Disclosure Statement (TDS) plus Natural Hazard Disclosure (NHD) (Cal. Civ. Code 1102 et seq., 1103 et seq.). California's state transfer tax is 0.11%, about $440 on a $400,000 sale, usually paid by the seller.

General information, not legal advice. Rules change and counties add their own; check with a California real estate attorney or title company before you sign anything. Last checked October 20, 2026.

California transfer tax and savings calculator

State transfer tax (0.11%)
$440
Commission you don't pay (5–6%)
$20,000–$24,000
Saved if you still pay the buyer's agent (2.5–3%)
$10,000–$12,000

Example for a $400,000 sale. Uses the base state rate of 0.11%. Full rule: County tax of $1.10 per $1,000 ($0.55 per $500, 0.11%). State tax only; county or city taxes may add to it. Commissions are negotiable and vary; these are typical ranges, not quotes.

Steps to sell a house without a realtor in California

  1. Price it from sold homes, not asking prices. Pull recent sales of similar homes nearby from the county records or the "sold" filter on the big portals, or pay a licensed appraiser for a pre-listing appraisal.
  2. Fill in the Real Estate Transfer Disclosure Statement (TDS) plus Natural Hazard Disclosure (NHD) now. California requires it (Cal. Civ. Code 1102 et seq., 1103 et seq.); buyers should get it before they sign.
  3. Make a listing buyers can judge from home. Bright photos of every room, an honest description, a floor plan and a 360° virtual tour filter out people who were never going to buy, so fewer, better showings.
  4. List it where buyers look. A flat-fee MLS listing (a broker puts you on the MLS for a fixed fee) gets you onto Zillow, Realtor.com and Redfin; add FSBO sites, social media and a yard sign with a QR code to the tour.
  5. Show it, then get offers in writing. Ask for a mortgage pre-approval or proof of funds before a showing, and decide up front whether you'll pay a buyer's agent. Accept with a written purchase agreement; the earnest money goes to the escrow company, not to you.
  6. Open escrow as soon as you accept. In California an escrow company usually holds the deposit, collects the documents and pays everyone at closing; the buyer's lender will work with it.
  7. Close. You sign a grant deed, the escrow company pays off your mortgage and records the deed with the county. The state transfer tax is paid when the deed is recorded and is usually paid by the seller.

California seller disclosure

California requires sellers to disclose the home's known condition in writing on the Real Estate Transfer Disclosure Statement (TDS) plus Natural Hazard Disclosure (NHD) (Cal. Civ. Code 1102 et seq., 1103 et seq.). Give it to the buyer before they sign the purchase agreement: a late or missing disclosure can let the buyer cancel or sue.

Sellers of 1-4 unit residential property, with or without an agent, must give the buyer a TDS and, where applicable, a Natural Hazard Disclosure; the requirement cannot be waived (Civ. Code 1102(c)).

Whatever the state rule, a home built before 1978 needs the federal lead-based paint disclosure and the EPA pamphlet, and the buyer gets 10 days to test unless they waive it.

California transfer tax

California charges a real estate transfer tax when the deed is recorded: a base rate of 0.11% of the price, $440 on a $400,000 sale. The full rule: County tax of $1.10 per $1,000 ($0.55 per $500, 0.11%). By custom it's usually paid by the seller, but the purchase contract can split it differently.

Local taxes: Charter cities may add their own tax (e.g., Los Angeles, San Francisco, Oakland, San Jose); rates vary by city.

Official transfer tax source

Paperwork for selling a house without a realtor in California

Sellers in California usually convey with a grant deed. The title company, escrow officer or attorney prepares it with the other closing documents.

Also expect:

  • Smoke alarm compliance written statement from seller (H&S 13113.8)
  • Water heater bracing/strapping certification (H&S 19211)
  • Natural Hazard Disclosure for flood, fire, earthquake-fault and similar zones (Civ. Code 1103)
  • Megan's Law sex-offender database notice, lead paint, and local point-of-sale ordinances may apply

California is the heaviest disclosure state: TDS, NHD, smoke and water heater certifications. An FSBO seller carries the full duty, so most use a paid NHD report and an escrow officer. Attorney not required.

The rest of the work is marketing: a clear listing, honest photos and a virtual tour. Tips in how to write a property listing and how to make a virtual tour with your phone.

Frequently asked questions

Can you sell a house without a realtor in California?

Yes. No state requires a real estate agent to sell your own home. California doesn't require an attorney: an escrow company usually handles the closing. The steps are on this page.

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

No. California doesn't require an attorney: an escrow company usually handles the closing. An attorney is still worth it if the contract or the title is unusual.

Are seller's disclosures required in California?

Yes. California sellers must give buyers the Real Estate Transfer Disclosure Statement (TDS) plus Natural Hazard Disclosure (NHD) (Cal. Civ. Code 1102 et seq., 1103 et seq.). Sellers of 1-4 unit residential property, with or without an agent, must give the buyer a TDS and, where applicable, a Natural Hazard Disclosure; the requirement cannot be waived (Civ. Code 1102(c)). Homes built before 1978 also need the federal lead-based paint disclosure.

How much is the transfer tax in California?

California's state transfer tax is 0.11%, about $440 on a $400,000 sale, usually paid by the seller. Charter cities may add their own tax (e.g., Los Angeles, San Francisco, Oakland, San Jose); rates vary by city. Official source.

Who pays the transfer tax in California?

In California it's usually paid by the seller. Custom isn't law: the purchase contract can say who pays.

What paperwork do I need to sell my house without a realtor in California?

Usually the Real Estate Transfer Disclosure Statement (TDS) plus Natural Hazard Disclosure (NHD); a written purchase agreement; a grant deed; the lead-based paint disclosure if the home was built before 1978; Smoke alarm compliance written statement from seller (H&S 13113.8); Water heater bracing/strapping certification (H&S 19211); Natural Hazard Disclosure for flood, fire, earthquake-fault and similar zones (Civ. Code 1103). The escrow company prepares the closing documents and records the deed.

How much do you save selling a house without a realtor in California?

On a $400,000 sale, a 5–6% commission is $20,000–$24,000. If you still pay the buyer's agent, you save the listing side, about $10,000–$12,000. The $440 state transfer tax is due either way.

Sources

General information, not legal advice. Rules change and counties add their own; check with a California real estate attorney or title company before you sign anything. Last checked October 20, 2026.

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