Yes. Texas license law covers people who sell real estate for someone else for pay, not owners selling their own homes. You can use the state's TREC contract forms, but TREC warns that mistakes carry risk, so consider pairing a title company with a real estate attorney for the paperwork.
You can sell your own house in Texas without hiring an agent. What you give up is the help. Pricing, marketing, showings, negotiating, the contract and the hand-off to a title company all become your job.
This guide covers the statewide rules and the steps in order. If your house is in the Dallas-Fort Worth area, the DFW version of this guide covers county deed searches, Fort Worth's yard sign rule and other local details.
Texas does not require a license to sell your own home
The Texas Occupations Code requires a license to act as a real estate broker. Section 1101.002 defines a broker as a person who, for a commission or other valuable consideration, sells, buys, lists or negotiates real estate for another person. Section 1101.351 says a person may not act as a broker without a license.
The key words are "for another person." The license law is aimed at people who do this work for someone else in exchange for pay. An owner selling their own home is not in that position. If you are selling for a relative, an estate or a company, the answer can differ, so ask a Texas real estate attorney before you act for anyone else.
The statute in short: Occupations Code Section 1101.002(1) ties the definition of "broker" to acts performed for another person for a commission or other value. Section 1101.005 lists people the chapter does not apply to, including Texas-licensed attorneys and a person selling under a court order or the authority of a will or trust.
You can use the TREC contract forms
The Texas Real Estate Commission (TREC) publishes standard contract forms for Texas real estate sales. For a house, that is the One to Four Family Residential Contract (Resale), TREC No. 20-19. TREC answers the question directly on its site: the forms are available for public use.
TREC attaches three cautions to that answer. The forms are meant mainly for trained license holders. A mistake in using one can lead to financial loss or an unenforceable contract. And the person using the form assumes the risks. The form itself adds that it is not meant for complex transactions, and paragraph 23 urges both sides to consult an attorney before signing.
TREC also says none of its forms is meant for a contract for deed. If you plan to finance the buyer yourself, have an attorney draft the paperwork.
The jobs you take on
An agent does more than fill in a form. Before you list, decide who will handle each of these:
- Pricing. Study recent nearby sales of similar homes, or pay for an appraisal.
- Marketing. Photos, a written description, online listings and a yard sign if your city allows one.
- Showings. Scheduling visits and being available to open the door, or deciding not to.
- Screening buyers. Asking for a loan pre-approval letter or proof of funds before you sign.
- The contract. Filling in the blanks, the option period, the closing date and the addenda.
- Deadlines. Tracking the dates for earnest money, the title commitment, the survey and closing.
Price it against real numbers
Statewide data shows that list prices move once buyers respond. The Texas Real Estate Research Center reported that in July 2026 Texas homes that sold spent an average of 63 days on the market. The median seller price cut was $13,000, about 3.6% of the original list price. The median home sold for 96.4% of its list price.
Those are statewide figures across all kinds of sales, not a forecast for your house. They do show that the list price is a starting point and that buyers negotiate. Set a price you can defend with recent sales near you.
Disclosures you still owe
Skipping an agent does not skip the disclosure law. Unless an exemption applies, a seller of a home with one dwelling unit must give the buyer the Seller's Disclosure Notice required by Section 5.008 of the Texas Property Code, on or before the day the contract takes effect. Homes built before 1978 also need the federal lead paint disclosure. Our guide to selling a house as is in Texas walks through both, including who is exempt.
Pick a title company early
The contract names an escrow agent in paragraph 5A and a title company in paragraph 6A, so choose them before you sign. Under paragraph 5A, the buyer delivers the earnest money and option fee to the escrow agent within 3 days after the effective date. Under paragraph 6B, the seller must furnish a title commitment within 20 days after the title company receives the contract.
The Texas Department of Insurance (TDI) says you can choose any title company you want. It suggests making sure the title agent is licensed, which you can check through TDI's Help Line at 800-252-3439 or its online licensing reports. A by-owner seller should call the title company before signing, so it can open the file the day the contract is executed.
Commissions are negotiable, including the buyer's agent
Your buyer may have an agent even if you do not. Paragraph 12B of TREC 20-19 says brokerage compensation is not set by law and is fully negotiable, and each party pays its own broker under separate written agreements. The form has a checkbox where a seller can agree to pay a dollar amount or a percentage toward what the buyer owes the buyer's broker.
So when a buyer's agent asks for a fee, it is a term of the deal like any other. You can agree, offer less, or decline. Whatever you agree to belongs in paragraph 12B so the title company pays it at closing.
Closing costs and the paperwork the seller pays for
Under paragraph 12A(1), the seller pays to release existing liens, tax certificates, deed preparation and one-half of the escrow fee, plus any other expenses the contract assigns. Ask the title company who will draft the deed and what it charges. Our guide to who pays closing costs in Texas lists the full default split.
The IRS still hears about the sale
The IRS instructions for Form 1099-S say the person listed as settlement agent on the closing statement generally files the form. A sale of a main home for $250,000 or less ($500,000 if married) is not reportable if the seller gives an acceptable written certification that the full gain can be excluded. Ask the title company about the certification early. A CPA can tell you whether you qualify.
When to bring in an attorney
You do not need a lawyer for every by-owner sale, but some facts call for one: seller financing, a tenant in the house, more than one owner who disagrees, a recent divorce or death, a lien you did not expect, or a buyer who wants to change the printed contract. TREC's own form tells the parties to consult an attorney before signing, and a Texas real estate attorney can review your contract before you commit.
Selling without an agent to Cash Home Advisors
A sale to Cash Home Advisors involves no listing, no showings and no commissions. We pay all closing costs, and we can close in 7–14 days at a title company. You see the full closing statement before you sign.
You can ask for a cash offer, read how our process works, or learn why sellers choose us. If the house came to you through an estate, our page on selling an inherited house in Texas covers the extra steps.
Want a cash offer instead?
We buy Texas houses as-is, pay all closing costs, and can close in 7–14 days.
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Frequently asked questions
Is it legal to sell my own house in Texas without a license?
Texas requires a license to act as a broker, and the Occupations Code defines a broker as someone who performs real estate acts for another person in exchange for a commission or other value. An owner selling their own home is not acting for another person in that way.
Can I use the TREC contract if I am not an agent?
Yes. TREC says its contract forms are available for public use. It also says they are meant mainly for trained license holders, that a mistake can cause financial loss or an unenforceable contract, and that the person using the form takes on the risk.
Do I have to pay the buyer's agent if I sell by owner?
Not automatically. The TREC resale contract states that brokerage compensation is not set by law and is fully negotiable. A seller may agree to put money toward the buyer's broker, and that agreement is written into paragraph 12B.
Who reports my home sale to the IRS?
Generally the person listed as settlement agent on the closing statement files Form 1099-S; in a title company closing, that is the title company. A sale of a main home for $250,000 or less ($500,000 if married) can be exempt from reporting if the seller signs a certification that the gain is fully excludable.
Sources
- Texas Occupations Code, Chapter 1101 (Sec. 1101.002 definitions; Sec. 1101.351 license required)
- Texas Real Estate Commission, Can a non-license holder use the promulgated contract forms?
- Texas Real Estate Commission, One to Four Family Residential Contract (Resale), TREC No. 20-19
- Texas Department of Insurance, Title insurance tips
- IRS, Instructions for Form 1099-S
- Texas Real Estate Research Center, Texas Housing Insight, September 2026
General information, not legal or tax advice. Talk to a Texas attorney or CPA about your situation.