11 Things to Know Before Selling Without a Realtor in Michigan
For Sellers · Rochester, Michigan

11 Things to Know Before Selling Without a Realtor in Michigan

You can sell a house without a realtor in Michigan, and some owners do it well. The same state rules apply either way: the seller's disclosure statement, the transfer tax and a written purchase agreement.

These eleven things to know cover what selling by owner does well, what it costs and where it tends to go wrong.

The eleven things to know, in short:

  1. When selling by owner makes sense
  2. The Seller Disclosure Act still applies
  3. Lead paint disclosure for older homes
  4. Pricing without MLS sales data
  5. Flat-fee MLS access to Realcomp
  6. Paying the buyer's agent under the new rules
  7. Showings and safety
  8. Writing the purchase agreement
  9. Whether Michigan requires an attorney
  10. Michigan transfer tax and the affidavit
  11. Closing through a title company

1. When does selling a house without a realtor in Michigan actually make sense?

Selling by owner, often called FSBO, works best when the buyer is already known, such as a neighbor, a relative or a tenant, and the price is easy to support. Then the hardest parts of an agent's job, finding the buyer and creating competition, are already done, and the seller keeps the listing fee.

A seller ready to go it alone has a buyer or a clear way to reach one, a price backed by recent closed sales, time to answer calls and run showings, and a plan for the paperwork and the closing. Owners also know their home better than anyone, and can describe it well.

Selling by owner only to skip the fee, with no buyer in sight, is the riskier path, though not always the wrong one. Without the MLS, competing offers or help with paperwork, the savings can vanish in a lower price or a deal that falls apart.

2. Does Michigan's Seller Disclosure Act apply if I sell without an agent?

Yes. The Michigan Seller Disclosure Act covers the sale of any home with one to four residential units, whether or not an agent is involved. Its exemptions cover cases such as foreclosures, estates, transfers to close family and new construction, not owners selling on their own. The disclosure statement is the seller's job either way.

A seller who does this right fills out the full disclosure statement honestly and delivers it before signing a purchase agreement. If it arrives after the buyer signs, Michigan law gives the buyer 72 hours after hand delivery, or 120 hours by registered mail, to cancel.

Skipping the form, or marking unknown on every line, is the warning sign. A late statement hands the buyer a free exit, and leaving out a known problem invites a dispute after closing.

3. Does my house need a lead paint disclosure before I sell it?

Homes built before 1978 need a federal lead-based paint disclosure, with or without an agent. The seller must share any known lead information and reports, give the buyer the EPA pamphlet Protect Your Family From Lead in Your Home, and allow 10 days for a lead inspection unless both sides agree to a different period.

A prepared seller checks the year the home was built, fills out the lead disclosure form, attaches any old reports and puts the Lead Warning Statement in the contract. The seller then keeps signed copies for three years after the sale, as the EPA requires.

Assuming an older home is exempt because it was remodeled is the mistake to avoid. New paint over old paint does not change the year the home was built, and the rule follows the build date.

4. How do I price my house without access to MLS sales data?

Pricing is the hardest part of selling by owner, because the fullest sales data sits in the MLS, and only licensed agents can use it. In southeast Michigan that MLS is Realcomp. Without it, a seller works from public records and portal sales history, which often leave out condition, updates and seller concessions.

A solid by-owner price rests on three to five closed sales of similar homes nearby, ideally from the last 12 months, the window Fannie Mae gives appraisers. In Rochester and Rochester Hills, where The Delia Group works, those comps should come from the same part of town and the same school district. A pre-listing appraisal helps when comps are thin.

Pricing off an online estimate, or off a neighbor's story about what they got, is how many by-owner listings start too high. Buyer agents will pull the real comps, and a home that starts high tends to sit.

5. Can I get my house on the MLS without a realtor?

Yes, through a flat-fee MLS service. A licensed broker enters the listing on the MLS for a set fee, and services covering southeast Michigan can list on Realcomp, the region's MLS. The listing then reaches buyer agents, while the seller still handles pricing, showings, negotiation and paperwork.

A good flat-fee MLS Michigan setup states the fee in writing, how long the listing runs, who answers calls from buyer agents and what extras cost, such as photos or a lockbox. It should also say how offers reach the seller and how fast.

A cheap MLS entry that sends every buyer-agent call to a voicemail box is a listing in name only. If agents cannot reach the seller quickly, they show their buyers other homes.

6. Do I have to pay the buyer's agent if I sell my own house?

No rule requires it, and since August 17, 2024, offers of buyer-agent pay can no longer be posted on the MLS. Buyers now sign written agreements with their own agents before touring. A seller can still offer to cover some or all of that fee, or a buyer concession, as a negotiated term.

A clear by-owner seller decides up front whether to offer anything toward a buyer agent's fee, and says so when agents call. Many buyers work with agents, so the answer affects how many of them show the home. Whatever is agreed goes into the purchase agreement in writing.

Refusing to discuss buyer-agent pay at all can shrink the pool of buyers. So can promising a fee on the phone and leaving it out of the contract. Neither choice is wrong, but it should be a decision, not an accident.

7. How do I handle showings safely when I sell by owner?

Showings are where selling by owner gets personal, because the seller lets strangers into the home. A safe process screens visitors before they arrive, never shows the home alone and locks away valuables, mail, keys and medications. Buyers expect easy access, so safety and convenience have to work together.

A safe showing plan collects a full name, a phone number and a lender pre-approval or proof of funds before booking. It confirms the visit by phone and has a second adult in the house. An open house works better with a sign-in sheet and a friend at the door.

A visitor who will not give a full name, pushes to come over right now or asks to see the home alone is a reason to pause. A seller can turn down any showing that feels wrong.

8. Who writes the purchase agreement when there is no agent?

Michigan law makes a contract to sell land void unless it is in writing and signed by the seller, so a handshake deal does not hold. The purchase agreement sets the price, deposit, contingencies, closing date and what stays with the house. Without an agent, the seller or the seller's attorney drafts or reviews it.

A sound agreement spells out the earnest money and who holds it, the inspection period, the financing terms, the closing date, possession and every included or excluded item. It also attaches the disclosure statement and, for an older home, the lead paint form. That is the core of the FSBO paperwork Michigan sellers need.

A one-page form pulled off the internet with blank deadlines is the risk. Vague dates and missing terms are what turn a simple sale into a fight over the deposit.

9. Do I need an attorney to sell a house in Michigan?

Michigan does not require an attorney to sell a house. The Michigan Bar Journal noted in November 2025 that state law does not currently require attorneys in home sales, and title companies here regularly prepare deeds. A by-owner seller can still hire one to draft or review the contract.

A useful attorney engagement is specific: draft or review the purchase agreement, check the title commitment and answer questions before closing, for a fee quoted up front. That is a narrower job than running the whole sale.

Treating the title company as the seller's lawyer is the gap to watch. A title company closes the deal and insures title, but the State Bar of Michigan notes that only a lawyer can give legal advice.

10. How much transfer tax will I owe when I sell my house in Michigan?

Michigan sellers pay the real estate transfer tax, with or without an agent. The state charges $3.75 per $500 of value and Oakland County charges $0.55 per $500, or 0.86 percent combined. On a $400,000 sale, that is $3,440. Some sellers of a main home qualify for an exemption from the state portion.

A prepared seller confirms the tax with the title company and asks whether the principal residence exemption applies. Among other conditions, it needs the SEV to be no higher than when the seller bought. The buyer, not the seller, files the Property Transfer Affidavit with the local assessor within 45 days.

Leaving transfer tax out of the net math is an easy by-owner surprise. It comes off the top at closing, along with the mortgage payoff and prorated property taxes.

11. Who handles the closing and the money when I sell by owner?

A title company can handle a by-owner closing in Michigan from start to finish. It searches title, issues the title commitment and policy, can hold the earnest money, prepares the settlement statement and records the deed. On the Michigan REALTORS purchase agreement, the seller pays for the buyer's owner's title policy, a cost to include in the net.

A smooth closing starts early. The seller opens title as soon as the purchase agreement is signed, since the Michigan REALTORS form gives the seller 5 days to apply for the commitment. The title company then tracks the deposit, payoff, taxes and deed in one place.

Wiring instructions that arrive by email, or a sudden change to them, are the classic closing scam. The CFPB warns never to follow wiring instructions in an email and to confirm by calling a number already known to be real.

Three Ways to Sell a Michigan Home

PathWho lists and markets itWhat the seller handles
By owner, no MLSThe seller, through signs and websitesEverything, including finding buyers
Flat-fee MLS listingA broker enters it on the MLS for a set feePricing, showings, offers and paperwork
Full-service listingThe listing brokerageDecisions, repairs and moving out

The disclosure statement, the lead paint form for older homes and the transfer tax apply on all three paths.

Frequently Asked Questions

How to avoid capital gains tax on home sale in Michigan?

The main tool is federal. The IRS lets you exclude up to $250,000 of gain, or $500,000 on a joint return, if you owned the home and lived in it as your main home for at least two of the last five years. Ask a tax professional how any gain above that is taxed.

What is the least expensive way to sell your house?

On paper, a by-owner sale to a buyer you already know costs the least, because there is no listing fee and possibly no buyer-agent fee. Transfer tax, title costs and any attorney fees still apply. Ask two Rochester realtors for a net sheet and compare the bottom lines, not just the fees.

Should you buy for sale by owner?

A by-owner home can be a sound purchase if the buyer protects themselves. That means a professional inspection, a title search with an owner's title policy and their own agent or attorney. Michigan disclosure duties apply to by-owner sellers too, so the buyer should get a seller's disclosure statement before signing.

What is the best way to sell a house privately?

The smoothest private sale follows a set order. Line up the buyer, set the price from closed sales and collect proof of funds or a pre-approval. Then sign a written purchase agreement with the required disclosures attached, and let a title company run the closing.

Talk to The Delia Group before you decide

The Delia Group is a Rochester, Michigan real estate team working with buyers and sellers in Rochester, Rochester Hills, Oakland Township and across Oakland County. Putting a by-owner net sheet next to a listed-sale net sheet is the clearest way to see which path pays more. Sellers comparing the best real estate agents in Rochester, or weighing whether to hire one at all, can call (248) 244-0703.

This article is general information for Michigan home sellers, not legal or tax advice. Disclosure, transfer tax and contract rules depend on the facts of each sale, and exemptions have conditions not covered here. Confirm your own situation with a real estate attorney or a tax professional.

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