Real Estate Contract for Sale by Owner: What You Need and Where to Get It
A real estate contract for sale by owner is the document that makes your FSBO deal legally binding. Without it, your verbal agreement means nothing. With the right form, signed correctly and filed properly, you have the same legal footing as a brokered transaction. The key is using the right document for your state — and understanding what’s in it before anyone signs.
This guide covers where to find a for sale by owner real estate contract, what a real estate for sale by owner contract template must include to be valid, when you need a real estate purchase and sale agreement pdf versus a simpler form, and which real estate forms for sale by owner are worth trusting.
What a For Sale By Owner Real Estate Contract Must Include
Core Required Elements
Every for sale by owner real estate contract needs the same core elements to be enforceable. These include: full legal names of buyer and seller, the property’s legal description (not just the address), the agreed purchase price, the earnest money amount and where it’s held, the financing contingency terms, the inspection contingency period (typically 7–14 days), and the closing date.
A real estate contract for sale by owner that omits the legal description or uses an incorrect one can be voided by either party. Pull the legal description from the county assessor’s website or the most recent deed — not from Zillow or other listing platforms, which sometimes contain errors.
State-Specific Requirements
Some states require specific disclosures to be attached to the contract. California, Florida, and New York all have mandated disclosure forms that must accompany any real estate purchase and sale agreement pdf. Check your state’s Real Estate Commission website for a complete list. Missing a required disclosure can expose you to liability even after closing.
Where to Find Reliable Real Estate Forms for Sale by Owner
The most reliable source for a real estate for sale by owner contract template is your state’s Association of Realtors. Many publish consumer-friendly versions of their standard contracts. These are the same forms agents use, and they’re updated annually for legal compliance.
For a downloadable real estate purchase and sale agreement pdf, Rocket Lawyer and LawDepot both offer state-specific templates starting around $7–$15. These are solid options if you need a document quickly and understand the terms. Read the entire document before filling it in — not just the blanks.
Free real estate forms for sale by owner are also available through some state housing agencies and legal aid organizations. Quality varies significantly. If you use a free template, have a real estate attorney review it before execution. Attorney review typically costs $150–$400 and is worth every dollar on a transaction of that size.
Key takeaways: The contract is the deal. Use a state-specific real estate contract for sale by owner, verify required disclosures, and have an attorney review any form you’re not certain about. The cost of a legal review is trivial compared to the cost of a defective contract.