Frequently Asked Questions
Answers to the questions we hear most often from Utah FSBO sellers.
Getting Started
Do I need a real estate agent to sell my home in Utah?
No. Utah law does not require you to use a real estate agent. Buyers and sellers can complete a transaction entirely on their own using standard forms. You will need a licensed title company to handle the closing.
Is FSBO legal in Utah?
Yes, completely. Thousands of Utah homeowners sell without agents every year. There's no legal barrier — the main challenge is understanding the process and paperwork, which is exactly what this site is here to help with.
How much can I save by selling FSBO?
You'll typically save the 3% listing agent commission. On a $400,000 home, that's $12,000. On a $600,000 home, $18,000. If your buyer is represented by an agent, you may still need to pay a 2–3% buyer's agent commission, but you keep the seller's side.
Do I need an attorney to sell FSBO in Utah?
No — but it helps. Utah doesn't require an attorney for real estate transactions. That said, the Utah REPC is a legally binding contract, and the deadlines, disclosures, and terms have real consequences if handled incorrectly. A licensed real estate attorney can prepare or review your contract at a fraction of what an agent costs.
The Contract (REPC)
What is the Utah REPC?
The Real Estate Purchase Contract is the standard purchase agreement used in Utah real estate transactions. It covers the purchase price, earnest money, financing terms, deadlines, what's included in the sale, and the parties' obligations from signing through closing. It's the same form real estate agents use.
Can I write my own purchase contract?
Technically yes, but it's not recommended. The standard Utah REPC is familiar to lenders, title companies, and the courts. A homemade contract can create confusion, raise red flags with lenders, and leave out important protections. Stick with the standard form.
What are the most important deadlines in the REPC?
The due diligence deadline (when the buyer can cancel for any reason), the financing deadline (when the buyer must have a loan commitment), the appraisal deadline, the seller disclosure deadline, and the settlement deadline (closing date). All of these are binding — missing them has real consequences for both parties.
What if we need to change something after signing?
Use a signed REPC Addendum. Both parties sign it and it becomes part of the contract. Never just verbally agree to change a term — get it in writing.
Earnest Money & Due Diligence
How much earnest money should I require?
There's no set rule, but 1–3% of the purchase price is typical in Utah. Higher earnest money signals a more committed buyer. As the seller, you can negotiate this.
Who holds the earnest money?
The title company holds it in a trust/escrow account after the REPC is signed. Neither party can access it until closing or until the contract is properly terminated.
What happens to earnest money if the deal falls through?
It depends on why and when the buyer cancels. During the due diligence period, the buyer can cancel for any reason and receive a full refund. After the due diligence period closes, canceling without a valid contractual reason (like a failed appraisal or financing falling through) can result in the buyer forfeiting the earnest money to you.
What is the due diligence period?
It's the window of time — typically 10–14 days — during which the buyer can inspect the property, review the seller disclosures, and cancel the contract for any reason with a full earnest money refund. After this period closes, the transaction becomes much harder for the buyer to exit without penalty.
Disclosures
What do I have to disclose as a Utah FSBO seller?
Utah requires you to disclose all known material defects and conditions affecting the property. This covers structural issues, roof condition, plumbing and electrical problems, history of water intrusion, pest infestations, boundary disputes, HOA issues, environmental hazards, and anything else that could affect the buyer's decision or the property's value.
What if I don't know about a defect?
You're only required to disclose what you actually know. However, courts look at what you 'should have known' as well. If a problem is obvious or you had it pointed out to you, claiming ignorance is risky. When in doubt, disclose.
Can I sell a home 'as-is' and skip disclosures?
No. Selling 'as-is' means you won't make repairs — it doesn't release you from your disclosure obligations. You still have to disclose known defects.
Title & Closing
Do I need a title company to sell FSBO in Utah?
Yes. A licensed title company handles escrow, performs the title search, issues title insurance, prepares closing documents, and records the deed with the county. The standard Utah REPC requires a title company for closing — it's a standard step that protects both buyer and seller.
Who pays for title insurance in Utah?
In most Utah transactions, the seller pays for the owner's title insurance policy that protects the buyer. The buyer's lender may require a separate lender's policy, which the buyer typically pays for. The specifics can be negotiated in the REPC.
How much does title and closing cost?
Title insurance premiums are based on the purchase price — typically $1,000–2,500 for a residential transaction. There are also recording fees, escrow fees, and other closing costs. Your title company will provide a preliminary settlement statement before closing.
How long does closing take?
The signing appointment itself takes 30–60 minutes. Funding and recording typically happen the same day or the next business day. The overall transaction from signed REPC to closed typically takes 30–45 days if the buyer is financing, or as few as 7–14 days for a cash purchase.
Still have questions?
Every transaction is a little different. A free 15-minute call with a licensed Utah real estate attorney is usually the fastest way to get clear answers.
Book a Free ConsultationOr call/text: 801-725-3482