For Sale by Owner in Connecticut: What Legal Steps Still Apply?

 Posted on June 27, 2025 in Real Estate Law

When you sell your home without using a real estate agent, this is known as "For Sale by Owner" (FSBO). Choosing to sell your home on your own may seem like a good way to save money on commissions. In Connecticut, however, you must still go through the legal requirements involved in a  residential real estate transaction.

These requirements may include drafting a valid purchase agreement, complying with mandatory disclosures, handling the closing process, and other related tasks. If you are wondering whether an FSBO is a good idea for your specific situation, it can be beneficial to speak to an experienced Stamford, CT real estate attorney.   

Pros and Cons of Selling Without a Real Estate Agent

While the state of Connecticut does not require sellers to hire a Realtor, it does require sellers to hire a real estate attorney. A realtor also has an important role in selling residential real estate, so consider the following pros and cons. The advantages include:

• The listing agent's commission is saved. (3-6 percent of the sales price)
• There is more control over the home sale process, particularly in terms of marketing and setting pricing.
• The seller can choose when and how to show the home.

The potentially negative aspects of FSBO include:

• Not all sellers possess the skills to research, market, sell, and navigate all the inspection and title issues.
• Statistically, FSBO homes sell for less money.
• It can take more time to sell an FSBO home.
• There is a lot of time-consuming work.
• Negotiating offers can be tougher than you might think.
• You cannot list on the MLS, which limits who views your FSBO listing.

What Are the Mandatory Legal Requirements for FSBO Sellers?

It is mandatory in Connecticut to have a Real Estate Lawyer for all real estate transactions, and an FSBO needs a real estate attorney more than most real estate transactions. A Residential Property Condition Disclosure Report must still be prepared, along with a Lead Paint Disclosure, if the property was built before 1978.

All types of discriminatory language must be scrupulously avoided in ads and during negotiations. The home must comply with fair housing regulations. While not all of the following documents are an absolute necessity, they will make selling and marketing the property easier:

• A comparative market analysis provides a home value estimate based on comparables in the area.
• A preliminary title report generally reveals liens, back taxes, or other things that could complicate or void a sale and can be obtained from the County Assessor.
• The buyer’s financing must be verified.
• The offer and contract paperwork contains offers, negotiations, and a final contract.
• A purchase offer, appraisal report, and purchase agreement are typically initiated by the buyer.
• Seller disclosures that disclose any issues with the property.
• A sales contract, seller’s net sheet, mortgage payoff statement, property survey, HOA covenants and agreements, past utility bills, receipts for repairs and improvements, certificate of compliance, appraisal, home inspection report, and a certificate of occupancy will all be required.
• Closing paperwork, including a property deed, closing statement, bill of sale, property tax records, and any relevant wills, trusts, or power of attorney letters.

Contact a Fairfield County, CT Residential Real Estate Lawyer

While you may be set on selling your home without a real estate agent, a real estate attorney will make sure your legal and financial interests are fully protected. It is also wise to remember that FSBO saves commission, not complexities. Involve a real estate attorney early to avoid costly missteps. Choosing a Stamford, CT residential real estate attorney from Law Offices of Daniel P. Weiner simply makes good sense to ensure the process goes smoothly and is done legally. Call 203-348-5846 to schedule your free consultation.