Brent Burningham | Feb 10 2026 16:00

Selling your home without a real estate agent—often called For Sale by Owner (FSBO)—can look like an easy way to cut costs and stay in control of your transaction. Many Utah homeowners, especially in Davis County and the greater Wasatch Front, believe they can handle pricing, marketing, and paperwork on their own. But what seems like a simple DIY project can quickly become one of the most stressful—and financially risky—decisions a seller can make.

Pricing a Home Without Professional Guidance Is Risky

Setting the right price is one of the biggest challenges FSBO sellers face. Without the market insights, comparable sales data, and negotiation experience of a real estate professional, pricing mistakes are common. Listing too high turns away serious buyers. Listing too low leaves money on the table. Even small errors can have major financial consequences.

Visibility is another obstacle. Popular platforms like Zillow and Redfin rely on MLS (Multiple Listing Service) data for the majority of their listings. Because MLS access typically requires a licensed agent, FSBO sellers often struggle to get the same exposure. Third-party MLS posting services provide limited visibility but rarely offer the same reach or buyer engagement as full-service listings.

The Legal Complexities FSBO Sellers Often Underestimate

Real estate transactions involve detailed contracts, negotiation strategy, and strict legal requirements. When sellers go the FSBO route, they take on full responsibility for understanding and drafting legally binding documents. Many assume nothing becomes official until a formal purchase agreement is signed. But in Utah real estate law, initial written offers and counteroffers can have binding legal effect—something many homeowners don’t realize.

Drafting a purchase agreement on your own is especially risky. Sellers must correctly outline price terms, deposits, contingencies, deadlines, disclosures, and remedies if the deal falls apart. Vague or incomplete language can lead to disputes, canceled contracts, lost earnest money, or even litigation. These risks are far greater than most FSBO homeowners anticipate.

Title Issues Can Cause Delays—or Stop the Sale Entirely

Utah sellers are legally required to deliver clear and marketable title. Problems like unresolved liens, unpaid taxes, boundary issues, old loans not properly released, or inherited ownership complications can surface during title searches. Many FSBO sellers don’t uncover these issues until they’re already under contract, causing costly delays or collapsed deals.

Disclosure Laws: A Legal Minefield for FSBO Sellers

Every Utah homeowner must comply with strict disclosure laws. Sellers must accurately disclose known issues—such as plumbing problems, mold, structural concerns, pests, and more. Failing to disclose defects can lead to legal claims long after closing.

Disputes over earnest money are also common. If inspections reveal unexpected issues or repairs fall short of expectations, buyer–seller conflict can escalate quickly. Without an experienced Utah real estate attorney or agent, resolving these disputes is difficult and often costly.

Navigating Utah and Federal Real Estate Laws

FSBO sellers must also comply with fair housing rules, federal regulations, and Utah-specific real estate laws. Even unintentional violations can expose a seller to penalties or lawsuits. Licensed professionals are trained to navigate these rules—DIY sellers are not.

Why Working With a Utah Real Estate Attorney Is Often Worth the Investment

While saving on commission fees is tempting, the hidden risks of FSBO transactions often outweigh the savings. A reasonably priced flat-fee engagement with a Utah real estate attorney can protect sellers at every step of the process. At Burningham Business Law, we assist clients in Davis County, Layton, Farmington, Ogden, Bountiful, and surrounding areas with:

• Drafting and reviewing real estate contracts
• Ensuring proper disclosures under Utah law
• Conducting or reviewing title searches
• Coordinating closing documents
• Helping sellers avoid legal and financial pitfalls

For most people, selling a home is one of the largest financial transactions they will ever complete. Protecting that investment is critical. While FSBO may appear cost-effective on the surface, the potential legal and financial risks can far exceed the savings on commission fees. With the right legal guidance, Utah sellers can avoid costly mistakes and complete their sale with confidence.