ContractsCounsel Logo

For Sale by Owner As Is Contract

Clients Rate Lawyers on our Platform 4.9/5 Stars
based on 10,563 reviews
No Upfront Payment Required, Pay Only If You Hire.
Home Types of Contracts For Sale by Owner As Is Contract

Jump to Section

For Sale by Owner (FSBO) As-Is Contracts are legally binding agreements used in real estate transactions where the owner sells the property without any agents. As the real estate market evolves, many sellers are opting to sell their properties without the representation of a real estate agent through For Sale by Owner (FSBO). In a FSBO transaction, the seller takes on the responsibilities typically handled by an agent, including preparing the property for sale, marketing, negotiating, and managing the transaction process.

Key Components of FSBO As Is Contracts

FSBO As-Is Contracts typically include several key components that are essential for a legally binding agreement. These components may vary depending on the specific requirements and regulations of the jurisdiction where the property is located, but generally include:

  • Purchase Price: The purchase price is the agreed-upon amount that the buyer will pay to the seller for the property. It should be clearly stated in the contract and may include provisions for earnest money, down payment, and financing terms.
  • Property Description: The property description should provide a detailed and accurate description of the property being sold, including the address, legal description, and any other relevant details that identify the property.
  • As-Is Provision: The As-Is provision is a critical component of FSBO As-Is Contracts, as it states that the property is being sold in its current condition, without any warranties or guarantees from the seller. This provision clarifies that the buyer is accepting the property with all its existing defects, and the seller is not responsible for any repairs or improvements.
  • Inspection and Repair Provisions: FSBO As-Is Contracts may include provisions related to property inspections and repairs. These provisions outline the process for inspections, the timeline for conducting inspections, and any requirements for repairs or remedies if issues are discovered during inspections.
  • Disclosure Requirements: Disclosure requirements vary by jurisdiction, but FSBO As-Is Contracts may include provisions that outline the seller's obligation to disclose known defects or issues with the property. These provisions may also specify the buyer's responsibility to conduct due diligence and investigate the property thoroughly.

Benefits of FSBO As Is Contracts

Like any other type of contract, FSBO As-Is Contracts have benefits for the parties involved.

  • Flexibility: FSBO As-Is Contracts provide the seller with flexibility in setting the terms and conditions of the sale, including the purchase price, closing timeline, and other provisions, without being bound by a standard agent's contract.
  • Cost Savings: FSBO transactions typically do not involve real estate agent commissions, which can result in cost savings for the seller.
  • Faster Transactions: FSBO transactions may be faster and more streamlined compared to traditional transactions, as there are no third-party agents involved, and the parties can directly negotiate and communicate with each other.
  • Control: FSBO As-Is Contracts allow the seller to have more control over the transaction process, including the decision-making related to repairs, inspections, and disclosures.
Meet some lawyers on our platform

Matthew S.

14 projects on CC
CC verified
View Profile

Forest H.

199 projects on CC
CC verified
View Profile

Damien B.

12 projects on CC
CC verified
View Profile

Daniel R.

127 projects on CC
CC verified
View Profile

Risks of FSBO As Is Contracts

Despite having several benefits, FSBO As-Is Contracts also involve a few risks as mentioned below.

  • Legal Liability: FSBO sellers may have increased legal liability as they are responsible for accurately disclosing known defects or issues with the property. Failure to disclose may result in potential legal disputes or liabilities in the future.
  • Limited Exposure: FSBO transactions may have limited exposure compared to properties listed with real estate agents, which could potentially result in fewer potential buyers and a longer time on the market.
  • Lack of Experience: FSBO sellers may lack the experience and expertise of real estate agents in navigating the complex process of selling a property, including contract negotiations, transaction management, and legal requirements.

Legal Implications of FSBO As Is Contracts

FSBO As-Is Contracts are legally binding contracts, and it is crucial for both parties to fully understand their legal implications before signing. It is highly recommended to seek legal advice from a qualified attorney to ensure that the contract complies with local laws and regulations and protects the interests of both parties.

  • As-Is Provision

    One of the key legal implications of FSBO As-Is Contracts is the "as-is" provision, which clarifies that the property is being sold in its current condition without any warranties or guarantees from the seller. This provision shifts the responsibility of discovering and addressing any defects or issues with the property to the buyer. It is important for the seller to accurately disclose known defects or issues with the property, as failure to do so may result in potential legal liabilities in the future.

  • Additional Provisions

    Additionally, FSBO As-Is Contracts may also include provisions related to property inspections, repairs, and disclosure requirements, which may vary depending on the jurisdiction where the property is located. It is crucial for both parties to understand and comply with these provisions to avoid any legal disputes or liabilities.

Tips for Successful FSBO Transactions with As Is Contracts

  • Educate Yourself: As a FSBO seller, it is important to educate yourself about the local real estate laws, regulations, and requirements. Familiarize yourself with the components of FSBO As-Is Contracts and seek legal advice if needed.
  • Price Your Property Right: Pricing your property correctly is crucial in a FSBO transaction. Research comparable properties in the area and set a realistic and competitive price to attract potential buyers.
  • Prepare Your Property: Prepare your property for sale by cleaning, decluttering, and making necessary repairs to present it in the best possible condition. This may help you attract more potential buyers and increase your chances of a successful sale.
  • Be Transparent with Disclosures: Accurately disclose any known defects or issues with the property to potential buyers. Being transparent with disclosures can build trust and prevent potential legal liabilities in the future.
  • Get Professional Help When Needed: While you may be handling the transaction on your own, it is important to seek professional help when needed. This may include hiring a real estate attorney or a real estate agent for specific services, such as contract review, transaction management, or negotiations.

Key Terms for Sale By Owner As Is Contracts

  • As-Is Provision: This term indicates that the property is being sold in its current condition, without any warranties or guarantees from the seller regarding its condition.
  • Inspection and Repair Requirements: This term outlines the responsibilities and requirements for property inspections and repairs, which may be negotiated between the buyer and seller in the As-Is Contract.
  • Disclosure Obligations: This term refers to the seller's responsibility to disclose any known defects or issues with the property to potential buyers, as required by local laws and regulations.
  • Price and Terms: This term encompasses the negotiated price and terms of the sale, including the purchase price, financing arrangements, and other agreed-upon terms.
  • Legal Compliance: This term indicates that the As-Is Contract must comply with all applicable local laws and regulations, including those related to real estate transactions and property disclosures.

Final Thoughts on For Sale By Owner As Is Contracts

FSBO As-Is Contracts are a common type of contract used in FSBO transactions, where the seller takes on the responsibilities typically handled by a real estate agent. These contracts outline the terms and conditions of the sale, with the understanding that the property is being sold in its current condition, "as-is," without any warranties or guarantees from the seller. While FSBO transactions can offer benefits such as flexibility, cost savings, and faster transactions, they also come with risks and legal implications that require careful consideration. It is important for both parties to educate themselves about the process, understand the legal implications of FSBO As-Is Contracts, and take necessary precautions to protect their interests.

As a FSBO seller, it is crucial to familiarize yourself with the local real estate laws and regulations. Each state or jurisdiction may have specific requirements for FSBO transactions, and it is important to understand and comply with these regulations. This may include understanding the disclosure requirements, property inspection requirements, and other legal obligations that you need to fulfill as a seller.

If you want free pricing proposals from vetted lawyers that are 60% less than typical law firms, click here to get started. By comparing multiple proposals for free, you can save the time and stress of finding a quality lawyer for your business needs.

Need help with a For Sale by Owner As Is Contract?

Create a free project posting

Meet some of our For Sale by Owner As Is Contract Lawyers

Rebecca S. on ContractsCounsel
View Rebecca
5.0 (2)
Member Since:
April 6, 2021

Rebecca S.

Free Consultation
San Diego, CA
13 Yrs Experience
Licensed in CA, DC, VA
New England School of Law

I absolutely love helping my clients buy their first home, sell their starters, upgrade to their next big adventure, or transition to their next phase of life. The confidence my clients have going into a transaction and through the whole process is one of the most rewarding aspects of practicing this type of law. My very first class in law school was property law, and let me tell you, this was like nothing I’d ever experienced. I remember vividly cracking open that big red book and staring at the pages not having the faintest idea what I was actually reading. Despite those initial scary moments, I grew to love property law. My obsession with real estate law was solidified when I was working in Virginia at a law firm outside DC. I ran the settlement (escrow) department and learned the ins and outs of transactions and the unique needs of the parties. My husband and I bought our first home in Virginia in 2012 and despite being an attorney, there was so much we didn’t know, especially when it came to our HOA and our mortgage. Our real estate agent was a wonderful resource for finding our home and negotiating some of the key terms, but there was something missing in the process. I’ve spent the last 10 years helping those who were in the same situation we were in better understand the process.

Samuel R. on ContractsCounsel
View Samuel
5.0 (41)
Member Since:
October 2, 2021

Samuel R.

Free Consultation
Phoenix - Arizona
5 Yrs Experience
Licensed in AZ, PA, UT
Widener University Delaware Law School

My career interests are to practice Transactional Corporate Law, including Business Start Up, and Mergers and Acquisitions, as well as Real Estate Law, Estate Planning Law, Tax, and Intellectual Property Law. I am currently licensed in Arizona, Pennsylvania and Utah, after having moved to Phoenix from Philadelphia in September 2019. I currently serve as General Counsel for a bioengineering company. I handle everything from their Mergers & Acquisitions, Private Placement Memorandums, and Corporate Structures to Intellectual Property Assignments, to Employment Law and Beach of Contract settlements. Responsibilities include writing and executing agreements, drafting court pleadings, court appearances, mergers and acquisitions, transactional documents, managing expert specialized legal counsel, legal research and anticipating unique legal issues that could impact the Company. Conducted an acquisition of an entire line of intellectual property from a competitor. In regards to other clients, I am primarily focused on transactional law for clients in a variety of industries including, but not limited to, real estate investment, property management, and e-commerce. Work is primarily centered around entity formation and corporate structure, corporate governance agreements, PPMs, opportunity zone tax incentives, and all kinds of business to business agreements. I have also recently gained experience with Estate Planning law, drafting numerous Estate Planning documents for people such as Wills, Powers of Attorney, Healthcare Directives, and Trusts. I was selected to the 2024 Super Lawyers Southwest Rising Stars list. Each year no more than 2.5% of the attorneys in Arizona and New Mexico are selected to the Rising Stars. I am looking to further gain legal experience in these fields of law as well as expand my legal experience assisting business start ups, mergers and acquisitions and also trademark registration and licensing.

Tayane O. on ContractsCounsel
View Tayane
Member Since:
December 4, 2023

Tayane O.

Free Consultation
Boca Raton, Florida
7 Yrs Experience
Licensed in FL
Nova Southeastern University, Shepard Broad College of Law

Tayane M. Oliveira is a founding partner at Vannucci Oliveira. With a concentration in family law, Tayane is renowned for her commitment to providing compassionate yet powerful representation to her clients. Her experience as an associate attorney at Brodzki Jacobs & Brook, coupled with her unwavering dedication to her clients' welfare, prepared her for her current role at Vannucci Oliveira. Tayane's academic achievements are a testament to her rigorous intellectual curiosity and dedication to her profession. She graduated with a Bachelor of Arts degree in Criminal Justice, supplemented by a minor in Psychology, from Florida Atlantic University in 2013. The culmination of her academic pursuit came in 2017, when she earned her Juris Doctor degree, cum laude, from the esteemed Nova Southeastern University's Shepard Broad College of Law. Before co-founding Vannucci Oliveira, Tayane honed her skills in the heat of the courtroom, representing clients in an array of general civil litigation matters. This diversified exposure instilled in her an ability to tackle complex legal challenges, a skill she employs to benefit her clients in family law. Originally from Brazil, Tayane brings an international perspective to her practice. When not delving into legal briefs or advocating for her clients, she indulges in travelling, reading, spoiling her puppies, and exercising, activities that not only rejuvenate her but also provide her with a broader perspective on the world and her practice. *Supreme Court Certified Portuguese Speaking Mediator

McCoy S. on ContractsCounsel
View McCoy
Member Since:
December 4, 2023

McCoy S.

Founding Attorney
Free Consultation
Portland, Oregon
33 Yrs Experience
Licensed in CA, NY, OR, WA
University of Virginia

P. McCoy Smith is the Founding Attorney at Lex Pan Law LLC, a full-service technology and intellectual property law firm based in Portland, Oregon, U.S.A and Opsequio LLC, an open source compliance consultancy. Prior to his current position, he spent 20 years in the legal department of a Fortune 50 multinational technology company as a business unit intellectual property specialist; among his duties was setting up the free & open source legal function and policies for that company. He preceded his in-house experience with 8 years in private practice in a large New York City-based boutique intellectual property law firm, working simultaneously as a U.S. patent litigator and U.S. patent prosecutor. He was also a patent examiner at the U.S. Patent & Trademark Office prior to attending law school. He is licensed to practice law in Oregon, California & New York and to prosecute patent applications in the U.S. Patent & Trademark Office; he is also a registered Trademark and Patent Agent with the Canadian Intellectual Property Office. He has degrees from Colorado State University (Bachelor of Science, Mechanical Engineering, with honors), Johns Hopkins University (Masters of Liberal Arts) and the University of Virginia (Juris Doctor). While in private practice, and continuing into his in-house career, he taught portions of the U.S. patent bar exam for a long-standing and well-known patent bar exam preparation course, and from 2014-2020 was on the editorial board of the Journal of Open Law, Technology & Society (JOLTS), and starting in 2023 will be on the editorial board of the American Intellectual Property Law Quarterly Journal (AIPLAQJ). He is the author or co-author of chapters on open source and copyright and patents in “Open Source Law, Policy & Practice” (2022, Oxford University Press). He lectures frequently around the world on free and open source issues as well as other intellectual property topics.

Eliza J. on ContractsCounsel
View Eliza
Member Since:
December 6, 2023

Eliza J.

Family Law Attorney
Free Consultation
3 Yrs Experience
Licensed in CA

Eliza brings a distinguished track record of delivering outstanding results for her clients, showcasing expertise across a spectrum of legal areas. Eliza is not just an attorney; she's your dedicated advocate with a proven record of achieving excellent results for her clients. Her representation spans numerous family law cases, including dissolutions, custody, support, probate, and civil litigation matters. Eliza's unique background as a Registered Nurse and licensed Attorney sets her apart. Before establishing her law practice, she served as a Registered Nurse in various hospitals across Los Angeles and the Bay Area. Notably, she contributed to prominent institutions such as Los Angeles County Public Health and the City of Anaheim. Additionally, Eliza ventured into entrepreneurship, managing her own Professional Fiduciary and Consulting business. Her legal acumen extends to civil litigation, personal injury, medical malpractice, nursing home abuse, worker's compensation, and family law matters. Eliza earned her Bachelor's Degree in Nursing and Public Health from CSU Dominguez Hills. In 2008, she furthered her education, obtaining a Master's Degree in Nursing, Administration, and Healthcare Management, along with a Quality Improvement Certificate. Eliza culminated her academic journey by earning her law degree from the JFK University of Law in 2016. Eliza's multidisciplinary background uniquely positions her to navigate the intricacies of legal matters, offering a comprehensive and compassionate approach to her client's diverse needs. Eliza's diverse background uniquely positions her to understand and address your legal needs comprehensively. Trust her to navigate your case with care and dedication, ensuring you receive the support you deserve.

Kenneth W. on ContractsCounsel
View Kenneth
Member Since:
December 6, 2023

Kenneth W.

Free Consultation
Mount Laurel Township
5 Yrs Experience
Licensed in NJ
Elisabeth Haub School of Law at Pace University

Committed to a career in advocacy as an attorney, educator, and consultant, I specialize in education, family, personal injury, and criminal law. While at John Rue & Associates LLC, I led litigation and alternative dispute resolution, handling complex class-action lawsuits involving discrimination, privacy, administrative, and education law. I also directed conflict resolution through mediation, reducing costs and securing favorable client outcomes. While in law school, I served as a law clerk at Wilson Elser, excelling in crafting answers, overseeing discovery, attending depositions, and conducting exhaustive legal research. My responsibilities extended to preparing deposition summaries, assisting in motion practice, drafting persuasive briefs, evaluating cases, and contributing to trial preparations. I thrived in managing client affairs, supporting colleagues, and ensuring compliance with relevant laws. I am eager to explore opportunities to contribute my skills and passion to impactful projects aligned with client needs. I look forward to discussing opportunities and demonstrating how my qualifications will meet client needs.

Find the best lawyer for your project

Browse Lawyers Now

Need help with a For Sale by Owner As Is Contract?

Create a free project posting
Real Estate lawyers by top cities
See All Real Estate Lawyers
For Sale by Owner As Is Contract lawyers by city
See All For Sale by Owner As Is Contract Lawyers

ContractsCounsel User

Recent Project:
Seller Finance
Location: Colorado
Turnaround: A week
Service: Drafting
Doc Type: Real Estate Sale Agreement
Number of Bids: 2
Bid Range: $500 - $599

ContractsCounsel User

Recent Project:
Review contract for selling my house as is in FL. I'm just investigating prices for now.
Location: Florida
Turnaround: Over a week
Service: Contract Review
Doc Type: Real Estate Sale Agreement
Page Count: 3
Number of Bids: 3
Bid Range: $250 - $1,500
related contracts
See More Contracts
other helpful articles

Need help with a For Sale by Owner As Is Contract?

Create a free project posting

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city