Q: Can I sell FSBO in California?
A: Yes, but you must comply with strict disclosure rules and take on full legal and marketing responsibilities. Most FSBO sellers eventually hire an agent to reduce liability and increase exposure.
Can I Sell FSBO, and What’s Required?
Selling your home For Sale By Owner (FSBO) in California is absolutely legal, but it comes with a heavy dose of responsibility. While avoiding commission costs can seem appealing, most FSBO sellers underestimate the legal, marketing, and negotiation work required.
Disclosure Requirements
California has some of the most stringent disclosure laws in the country. Sellers must provide a Transfer Disclosure Statement (TDS), Natural Hazard Disclosure (NHD), and a range of other mandated reports depending on the property’s age and location. These disclosures must be delivered within strict timelines, and any errors or omissions can expose a seller to significant legal liability, even after closing.
Marketing & Exposure
Without access to the Multiple Listing Service (MLS), FSBO sellers rely on limited channels like yard signs, Zillow, or Craigslist. This dramatically narrows buyer exposure. The MLS is the backbone of agent-to-agent marketing, feeding listings to sites like Redfin and Zillow automatically. Without it, your property may not reach serious, qualified buyers.
Negotiation & Paperwork
Real estate transactions involve complex contracts, counteroffers, contingency timelines, inspections, appraisals, and title work. Handling these without professional support can lead to costly mistakes or missed opportunities. It’s also common for buyers working with agents to negotiate aggressively against FSBO sellers, knowing they may lack representation.
The Reality
While some experienced sellers successfully navigate FSBO, the majority end up hiring an agent, often after weeks or months of frustration. An agent not only manages disclosures and negotiations but also brings marketing firepower, buyer networks, and legal protection to the table.
Oliver Burgelman
Broker Associate | Vanguard Properties
DRE #01388135
📞 415.244.5846
