What Selling Without an Agent Means in Pennsylvania
Selling without an agent means you offer your own house, talk with buyers yourself, and sign the papers in your own name. People in Allegheny County, Washington County and all of southwestern Pennsylvania sometimes call that a for-sale-by-owner sale, or FSBO. The label does not change the contract, the disclosures, or the tax.
An agent usually markets the home, sets showings, and carries a lot of the back and forth. If you do not hire one, that work stays with you, or you hire other people for pieces of it. Attorney Deborah Schwab can review the agreement for the person who hires her. A title company or other settlement agent usually handles the deed and the funds. Those are different jobs.
Is It Legal?
Yes. An owner may sell property the owner holds without a real estate license. Section 304 of the Pennsylvania Real Estate Licensing and Registration Act excludes an owner of real estate with respect to property owned or leased by that owner. The act is the Act of February 19, 1980, P.L. 15, No. 9 (63 P.S. § 455.304).
The exclusion has limits. For a partnership or a corporation, it does not extend to more than five partners or officers, and it does not extend to other personnel or employees. It also does not apply to a wholesale transaction, which the act describes as promoting a sale of an interest in residential property with the intent to assign or transfer that interest for a fee without taking title as the owner of record. A licensed broker or salesperson who sells their own real estate still has duties under the act and the regulations, including a duty to disclose the license.
A multiple listing service is reached through a brokerage. An owner does not join one alone. Some brokerages offer a limited service, often called a flat-fee MLS listing, that puts the home on the service while the owner handles showings and negotiation. What that fee includes depends on the brokerage. This page does not quote those fees, and it does not cite a statute for that brokerage practice.
What You Take On Yourself
Without an agent, these tasks sit with you, the buyer, or someone you hire for that piece:
- Deciding the asking price and how you will tell people the house is for sale.
- Preparing the house and the photographs.
- Answering questions from what you actually know.
- Setting showings and deciding who comes in.
- Completing the seller disclosure, and the lead-paint papers when they apply.
- Asking the borough or township what occupancy or resale steps it requires.
- Reading the agreement of sale, including the deposit, the contingencies, and every date.
- Watching the calendar from the signed agreement until settlement.
- Giving the title company or settlement agent the payoff, the deed, and the identification they ask for.
A Step-by-Step Path
1. Pricing with Comparable Sales
This page does not tell you what a house is worth. A lawyer's review is not an appraisal. Sellers often look at recent sales of similar homes nearby, the condition of the house, and what is still owed on the mortgage.
The county assessment is a figure used for real estate taxes. It is not a sale price, and it is not a substitute for recent sales. In many Pennsylvania counties the assessed value sits below current sale prices. Do not set the asking price by copying the assessment.
2. Preparation and Photographs
Buyers will judge the house from what they can see and from what you are willing to say in writing. Clear photographs, a simple list of what stays with the house, and a note of known repairs matter more than a slogan. Do not describe a condition you have not checked.
3. Listing the Home
You can tell buyers yourself: a sign, neighbors, a written one-page sheet, or your own advertisement. If you want the home in a multiple listing service, that path runs through a brokerage, often as a flat-fee listing. Read what the brokerage will do and what you still do. An advertisement is not the agreement of sale.
4. Showings
You choose the times, you meet the buyers, and you decide what parts of the house they see. Take the same care you would want from a stranger in your house. Anything you say about the property can matter later if it does not match the disclosure.
5. The Seller's Property Disclosure Statement
Pennsylvania's Real Estate Seller Disclosure Law, 68 Pa.C.S. Chapter 73, applies to residential real estate transfers, with listed exceptions. Section 7303 requires a seller who intends to transfer an interest in real property to disclose material defects known to the seller. The seller does that by completing the applicable items on a property disclosure statement that meets section 7304. A signed and dated copy must be delivered to the buyer before the seller and the buyer sign an agreement of transfer.
The State Real Estate Commission promulgates a form that satisfies the statute. A seller may use a form that asks for more detail. The seller is not required to investigate in order to fill out the form, and the seller may not state something the seller knows is false or leave out a known material defect. Some transfers are outside the chapter, including certain fiduciary transfers and some new construction that meets the statute's conditions. A sale to a relative is not automatically one of those exceptions.
6. Lead-Based Paint Disclosure
Federal law adds a separate disclosure for most housing built before 1978. Before the buyer is obligated under a contract, the seller must disclose known lead-based paint and lead-based paint hazards, provide available records, give the buyer the EPA pamphlet, and give the buyer up to 10 days to conduct an inspection or risk assessment unless the parties agree in writing to a different period. The contract needs the lead warning statement and the buyer's acknowledgment. The EPA rule has exemptions, including some foreclosure sales and housing certified lead-based-paint free. The Pennsylvania seller disclosure does not replace this federal step.
7. Municipal Requirements
Some Pennsylvania boroughs and townships require a use and occupancy inspection, a resale certificate, or a point-of-sale inspection before a buyer moves in or before the deed is accepted. The rules are local, and they change. Canonsburg has its own occupancy steps. Ask that municipality for the current list. This page does not quote municipal fees and does not list every town in Allegheny County or Washington County.
8. The Agreement of Sale
The agreement of sale is the contract. It should state the price, what is included, the deposit and who holds it, and the dates that start the inspection, financing, and other contingency periods. A printed form is still a contract. Read every deadline before you sign. A missed date can change who keeps the deposit.
Contingencies are conditions that let a party pause or end the deal if a stated event does not happen, such as an inspection result or a loan commitment. The words in your agreement control, not a general custom.
9. Settlement Through a Title Company
At settlement, a title company or other settlement agent typically searches the title, prepares the deed paperwork, collects funds, and records the deed. You will be asked for payoff information, identification, and the signed deed. Attorney Deborah Schwab reviews a contract only for the person who hires her, the buyer or the seller. She does not issue title insurance and does not act as the settlement agent.
Costs and Realty Transfer Tax
The Department of Revenue states that Pennsylvania realty transfer tax is imposed at 1 percent of the value of the real estate transferred by deed, instrument, long-term lease, or other writing. The same page states that the grantor and the grantee are jointly and severally liable for that state tax. A local realty transfer tax is often collected at the same time by the county recorder of deeds. The Department has described that local tax as 1 percent in many places and higher in some localities. It is not the same in every municipality and school district.
The parties can agree in the contract on how they will divide the payment. The Department of Revenue has said it is not bound by that private agreement. A half-and-half division is a common contract term. It is not a rate set by statute.
Certain transfers can be exempt, including some transfers among family members. Whether an exemption applies depends on the facts. This page does not list every exemption.
For a figure in Allegheny County, Washington County and all of southwestern Pennsylvania, use the Realty Transfer Tax Calculator on this site. It shows which local rates are loaded from an official table and which are owner-provided and not verified. The calculator is an estimate, not a bill from the recorder.
Common Mistakes
These are problems that show up on Pennsylvania sales when the seller has not had anyone read the papers:
- Signing a form agreement of sale before anyone has reviewed it for you, then discovering a deadline has already started.
- Skipping the seller disclosure, or delivering it after the agreement is signed, when 68 Pa.C.S. Chapter 73 applies.
- Treating the county assessed value as the market price.
- Forgetting the federal lead-paint disclosure and pamphlet on a house built before 1978.
- Learning about a municipal occupancy or resale certificate in the week of settlement.
- Assuming a sale to a relative is automatically free of transfer tax or free of the seller disclosure.
Whether This Path Fits
Selling without an agent can fit a sale to a family member or a neighbor, or a seller who is willing to gather the papers and read the contract slowly. It is a weak fit if you want another person to run the showings, the deadlines, and the negotiation.
There is a middle path. Attorney Deborah Schwab can review the agreement of sale and help negotiate it, only for the person who hires her, whether that is the buyer or the seller. The other party can hire their own lawyer if they want one. The work is limited to what is written down before it starts. She does not list the home and does not find a buyer. A fee, if she offers one, is stated in the engagement, not on this page. Nothing here promises a price, a buyer, or a settlement date.
Questions People Ask
Do I need a real estate license to sell my own house in Pennsylvania?
No, if you are selling property you own. Section 304 of the Real Estate Licensing and Registration Act excludes an owner with respect to property owned or leased by that owner. The exclusion does not apply to a wholesale transaction, and for a partnership or corporation it is limited to five partners or officers.
When is the seller disclosure required?
For residential transfers covered by 68 Pa.C.S. Chapter 73, the seller discloses known material defects on a property disclosure statement and delivers a signed copy before the agreement of transfer is signed. The chapter lists exceptions. A sale to a relative is not automatically excepted.
Who pays Pennsylvania realty transfer tax?
The Department of Revenue states that the grantor and the grantee are jointly and severally liable for the 1 percent state tax. The contract can divide the payment. A half-and-half split is common and is not required by the statute. Local tax is added and varies by place.
Can I list on the MLS without a brokerage?
A multiple listing service is reached through a brokerage. Some brokerages sell a limited flat-fee listing. This page does not quote those fees.
What extra disclosure applies to a house built before 1978?
Most pre-1978 housing needs the federal lead-based paint disclosure before the buyer is obligated: known lead information, available reports, the EPA pamphlet, a chance to inspect, and the warning language in the contract. The EPA rule has exemptions.
Does reading this page make me a client?
No. This page is general information. An attorney-client relationship starts only after Attorney Deborah Schwab agrees to represent you and confirms that engagement. Use the intake form if you want her to look at a matter. Do not send confidential facts in a public message.
Sources and Further Reading
- Pennsylvania Real Estate Commission. The commission publishes the seller disclosure form and links to the licensing act.
- Real Estate Licensing and Registration Act, section 304. Owner exclusion, including the 2024 limit on wholesale transactions.
- Real Estate Seller Disclosure Law, 68 Pa.C.S. § 7303. Known material defects must be disclosed before the agreement of transfer is signed.
- Department of Revenue, realty transfer tax. State tax at 1 percent, with joint and several liability of grantor and grantee.
- Department of Revenue, new home construction notes. Describes a local tax of 1 percent in many places, more in some localities, and a private agreement on who pays.
- EPA Lead-Based Paint Disclosure Rule. Federal disclosure for most housing built before 1978, under 42 U.S.C. § 4852d.
A Downloadable Next Step
Selling or Buying Without an Agent in Southwestern Pennsylvania is a shorter guide you can request by email. It covers the agreement, disclosures, and settlement for a buyer and for a seller. The copy is sent as a PDF after you ask for it.
Request the free guideGet Help With Your Agreement of Sale
If you would like a lawyer to review your agreement of sale and help negotiate it, start a new matter. Attorney Deborah Schwab works only for the person who hires her, whether that is the buyer or the seller. The other party can hire their own lawyer if they want one. This form is just a request. She becomes your lawyer only after you and Attorney Schwab agree in writing.
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