How to Sell a House by Owner in Texas

Who runs the closing in Texas?

Texas closings usually happen at a title agent’s office. A title or escrow agent acts as a neutral third party for both buyer and seller, and title and escrow agents are licensed by the Texas Department of Insurance, not by the real estate commission. The department also sets the title insurance premium, based on the sale price, and the premium includes the title search and exam, the closing, and issuing the policy. You may pick any licensed title agent; you do not have to use one a lender or real estate company recommends.

A standard Texas closing does not need an attorney, but you may hire one. The real estate commission notes that complex or specialized situations may require a qualified attorney.

What must you disclose when selling a house in Texas?

Texas Property Code Section 5.008 requires the seller of a home with one dwelling unit to give the buyer a written Seller’s Disclosure Notice, either in the form the statute sets out or in a substantially similar form with at least the same items. The Texas Real Estate Commission publishes it as Form 55-1. It asks about the appliances and systems in the house, known defects in the roof, foundation, walls and plumbing, previous structural or roof repairs, termites, flooding, flood insurance claims, floodplain location, and lawsuits affecting the property. Complete it to the best of your belief and knowledge, and mark an item unknown when you do not know. It is a disclosure of what you know, not a warranty, but leaving off a known problem is how sellers get into trouble after closing.

Give the notice on or before the contract’s effective date. If a contract is signed without it, the buyer may terminate for any reason within seven days after receiving it. The statute exempts some transfers, including a sale between co-owners, a transfer to a spouse or a lineal relative, a court-ordered or foreclosure sale, and a new home that has never been lived in.

For most houses built before 1978, the federal Lead-Based Paint Disclosure Rule also requires you to share what you know about lead-based paint before the buyer signs the contract. The commission publishes an addendum for it, Form 56-0.

Which contract do Texas sellers use?

For a house, duplex, triplex or fourplex, the standard form is the commission’s One to Four Family Residential Contract (Resale), Form 20-19, in effect since July 1, 2026. Commission forms are public records available to any person, and licensed agents are required to use them. The commission warns that mistakes in using a form can cause financial loss or an unenforceable contract, and it suggests asking a license holder or an attorney for help if you are unsure.

What transfer taxes do you pay in Texas?

None. Texas has no real estate transfer tax or deed stamps. When voters added Article VIII, Section 29 to the Texas Constitution in 2015, the Texas Legislative Council’s analysis noted that neither the state nor local governments taxed real estate transfers, and the section bars any law enacted after January 1, 2016 that would impose a transfer tax on a sale of fee simple title.

You still pay closing costs. Under the standard resale contract the seller pays for preparing the deed, releasing existing liens and recording those releases, tax certificates, and half the escrow fee. The buyer pays the other half of the escrow fee, recording fees, and the costs of the buyer’s loan. A box in the contract says whether the seller or the buyer pays for the owner’s title policy, and the year’s property taxes are prorated to the closing date.

How is the deed recorded in Texas?

At closing you sign a general warranty deed. Texas lets a deed be recorded only if the seller signs it and acknowledges it before a notary or another officer authorized to take acknowledgments, or before two credible witnesses (Property Code Section 12.001). It is recorded with the county clerk in the county where the property is (Section 11.001). The clerk’s base filing fees are set in Local Government Code Section 118.011, and a county may add fees of its own, so check the total with your county clerk.

Can you sell without an agent in Texas? The bottom line

Yes. Texas licenses brokers who sell real estate for another person for pay, which does not cover an owner selling their own home. Your core work is pricing, the required disclosure notice, the standard resale contract, and a title company closing, with no transfer tax at the end.

Every state's disclosure rule sits side by side, with a CSV, in seller disclosure requirements by state.

What is your home in Texas worth? Get a free estimate from your ZIP code, with the agent fee on that price. No email, no account.

Where can you list a home for sale by owner in Texas? See how the US for-sale-by-owner sites compare on cost and MLS access.

City guides in Texas: Austin, Houston.

Selling by owner in a neighbouring state: Arkansas, Louisiana, New Mexico, Oklahoma.