If you already have a buyer and you've agreed to the outlines of a sale, you do not need a Realtor to sell your home in California. California law lets an owner sell their own property without a licensed professional. But if anyone assists either of you in the sales process, that person must be a licensed real estate broker (or an agent working under one) or an attorney. Either way, the law requires the same set of tasks: a written contract, specific disclosures, and a proper closing. Someone has to do that work correctly, and the real question is who.
This comes up most often when the buyer is a family member, a tenant who wants to purchase the home they rent, a neighbor, or a friend. The hard part of a normal sale (finding the buyer) is already done. What is left is the transaction itself.
What still has to happen without an agent
Having a buyer does not shrink the paperwork. A private sale in California involves the same core steps as any listed sale:
- Seller disclosures. Depending on the property and the relationship between the parties, these can include the Transfer Disclosure Statement, the Natural Hazard Disclosure, lead-based paint forms for pre-1978 homes, and local reports. A few narrow exemptions exist, but the duty to disclose known material problems applies to every seller.
- A written purchase agreement. Price, deposit, financing terms, contingencies, timelines, and who pays which closing costs. Most California sales use the C.A.R. Residential Purchase Agreement, which lenders and escrow officers read every day.
- The buyer's loan. If the buyer is financing, the lender will order an appraisal and expect a standard contract, clear deadlines, and prompt answers.
- Inspections and contingency deadlines. Even between relatives, an inspection and a clear paper trail prevent arguments later.
- Closing. Final funds are wired into escrow, all documents are signed, escrow closes, and the keys are handed over to the new owner.
Your four options
1. Do it yourselves
Legal, and the cheapest on paper. The risk is in what gets missed: a required disclosure, a contingency deadline, a contract term the lender rejects. Standard C.A.R. forms are licensed to members, so most do-it-yourself sellers end up with generic contracts that escrow and lenders handle less smoothly. Buyers are also sometimes suspicious of, or simply not comfortable with, a sale with no professional involved, and may bring in their own representation (a broker or a real estate attorney) to help.
2. Hire a full-service agent anyway
A full-service agent will gladly handle the sale, usually for a percentage commission. On a $1.5 million home, a 5% commission is $75,000. Even if you only had to pay the listing side of the traditional commission split (2.5%), you would still pay $37,500. Much of that fee pays for marketing, open houses, and a buyer search that you do not need.
3. Hire a real estate attorney
Attorneys are the right call when the deal involves a legal dispute, a complicated trust, or tax structuring. For a routine sale they typically bill hourly, often $350 to $500 or more per hour, and many draft custom contracts instead of the standard forms. Attorneys also do not usually manage the day-to-day escrow, lender, and inspection timeline.
4. Hire a flat-fee transactional agent
A transactional agent is a licensed broker who handles only the transaction: the contract, the disclosures, and coordination with escrow, the lender, and inspectors through closing. At FSBO Transact the fee is a flat $6,000, paid at closing, regardless of the price of the home.
The cost on a $1.5 million home
Full-service agent at 5%: $75,000. Listing side only at 2.5%: $37,500. Flat-fee transactional agent: $6,000. The difference is $31,500 to $69,000 for the same contract, disclosures, and closing.
Who does the agent represent?
California has no neutral "transaction broker" category like Colorado or Florida. When one broker works with both the buyer and the seller here, the broker is a dual agent and owes fiduciary duties to both: care, honesty, and disclosure of material facts. Both parties sign a written consent. A dual agent cannot share one side's confidential price position with the other, which rarely matters when the two of you have already agreed on the price.
When a full-service agent is worth it
A flat-fee transaction is the wrong tool in some cases. Consider full service if you do not have a committed buyer yet, if you think the open market might bring a meaningfully higher price, or if the two sides are far apart and each wants an advocate to negotiate. If there is real conflict, separate representation is healthier for everyone.
What to settle before you call anyone
- The price, or how you will set it (the average of two appraisals, for example).
- Whether the buyer is paying cash or getting a loan, and whether they are pre-approved.
- The rough timeline for closing and move-out.
- Who holds title today: individuals, a trust, or an estate.
- Who pays closing costs, inspections, and commissions.
With those five answers, a 20-minute conversation is usually enough to map out the rest. If the home is in the city, our guide to whether you need an agent when you have a buyer in San Francisco covers the local forms and requirements.
Common questions
Is it legal to sell a house in California without a Realtor?
Yes. California law lets you sell your own property yourself, without a licensed professional. However, anyone who assists on either side of the transaction must be a licensed real estate agent, broker, or attorney. The same disclosures, contracts, and closing procedures apply either way.
How much does a transactional agent cost in California?
FSBO Transact charges a flat $6,000 at closing. On a $1.5 million home, that compares with $75,000 at a 5% commission or $37,500 for the listing side alone at 2.5%.
Can one broker handle both the buyer and the seller?
Yes, with written consent from both. In California this is dual agency, and the broker owes fiduciary duties to both parties.
Do I still need an attorney?
For most straightforward sales, no. If the sale involves a legal dispute, a complex trust, or tax planning, an attorney or CPA should handle those parts alongside the transaction.
This article is general information, not tax or legal advice. Tax figures are current as of the publication date and change over time. Talk to a CPA or attorney about your own situation.