Selling a house without a realtor in Florida and Arizona: the full guide

Can you sell a house without a realtor?

Yes, in both states. Florida's real estate license law does not apply to a person who sells their own real property (section 475.011(2)), and the same chapter says no customer is required to enter into a brokerage relationship with a licensee (section 475.278). Arizona's broker license law does not apply to a person selling their own property who is not paid a special fee for the sale (section 32-2121).

Many people say realtor for any real estate agent. This guide says "agent" for anyone licensed to sell homes for others.

What an agent does, and who does it when you sell alone

A listing agent does a set of jobs. When you sell by owner, each job moves to you or to someone you hire for that job alone.

Selling by owner, step by step

Here is the whole sale in the order most owners follow it. Each step links to the page that covers it.

• Work out the least you can accept: your loan payoff, liens and the costs the contract will put on you.
• Set a price from recorded sales of houses like yours, near yours.
• Write down every problem you know of, and prepare your state's notices.
• Advertise the house, following the Fair Housing Act's rule for ads.
• Show the house by appointment, with care for your safety.
• Check each buyer's proof of funds or loan approval.
• Agree a written contract, with the notices attached.
• Open the file with a title company, escrow agent or lawyer, who takes the earnest deposit.
• Order HOA papers, answer the buyer's inspection, and read the closing statement.
• Sign the deed the way your state requires, and receive your money.

Florida and Arizona, side by side

The two states reach the same end by different papers. Read your state's page for the detail.

What the law asks of every seller

Three duties apply whether you use an agent or not.

First, tell the buyer about problems you know. In Johnson v. Davis (1985), the Florida Supreme Court held that a home seller who knows of facts materially affecting the value of the property which are not readily observable and are not known to the buyer must disclose them. The Arizona Court of Appeals adopted the same rule in Hill v. Jones (1986). Some facts need no disclosure in either state, such as a death on the property (Florida section 689.25, Arizona section 32-2156).

Second, give the papers your state requires. For most houses built before 1978, that includes the federal lead paint disclosure, given before the buyer signs.

Third, follow the Fair Housing Act's rule for ads. Section 3604(c) bars any ad that shows a preference, limit or discrimination based on race, color, religion, sex, handicap, familial status or national origin, and it applies to every seller.

Read the guide: selling as is and what to tell the buyer →

Setting the price

The price is the biggest choice in the sale, and the public records let you make it yourself. In Florida, the deed tax paid on each recorded deed shows its price to within $100, because the tax is 70 cents for each $100. In Arizona, each sale deed carries an affidavit with the price, and the Maricopa County Assessor publishes those sales with their dates and prices.

Pick recent sales of houses like yours, close to yours, in the same condition, and compare.

Read the guide: pricing your house without an agent →

What you save and what you still pay

Selling by owner removes the listing agent's fee. The other costs of a sale stay: the payoff of your loans, the closing costs the contract puts on you, the deed tax in Florida, HOA papers, and the bills on the house until it sells.

A buyer's agent is a separate question. Since August 17, 2024, offers to pay a buyer's agent are no longer made in the MLS, and an agent working with a buyer signs a written agreement with that buyer before touring a home. The buyer's offer may still ask you to pay part of that agent's fee. You can accept, refuse or counter, the same as any other term.

Read the guide: buyer's agents and paid help →

Where sales by owner go wrong

These are the problems this hub's pages help you avoid.

• A price set from asking prices, which leaves the house unsold for months.
• A spoken deal that is never put in writing, so neither side is bound.
• A Florida HOA summary handed over after the contract, giving the buyer a right to cancel.
• A deed missing a witness or a printed address, which the clerk will not record.
• A buyer whose money is never checked, who cannot close.
• An earnest deposit paid to no one or to the wrong person.
• A wire sent to a fake account after an email with new instructions.
• A known problem left out of the disclosures.

Listing with an agent or selling by owner

Listing and selling by owner both sell on the open market. They differ in who does the work and who is paid for it.

A third way: a cash buyer

A sale to a cash buyer is also a sale with no agent. With BIMINIO there is no listing agent and no buyer's agent, so you pay no commission. We send a written offer within 24 hours with the comparable sales we used, buy the house as is with no repairs and no showings, pay the closing costs, and close on the date you pick, from 7 to 35 days after you accept. A licensed title company handles the paperwork.

A cash offer is below full market value. Selling by owner can bring a higher price if you do the work on these pages and the house suits a buyer using a loan. Compare what you keep from each path, with your own numbers.

Read the guide: cash offer vs listing, the costs →