How to Review a Purchase Contract as an FSBO Seller: Key Clauses & Red Flags
Selling a home on your own (FSBO) can save you $15,000–$30,000 in commission fees, but the bargain comes with a new responsibility: reading the purchase contract yourself. A single missed clause can delay closing, force a price concession, or even put you back on the market. This guide walks you through every line‑item you’ll see in a typical residential purchase agreement, shows you how to spot red flags, and gives you practical, step‑by‑step actions so you can protect your bottom line without a real‑estate attorney.
1️⃣ Get the Right Document First
| Contract source | What you’ll receive | Typical cost* |
|---|---|---|
| Seller’s agent (if you ever use one) | Full‑service Purchase & Sale Agreement (PSA) | $0 (commission split) |
| Online template (e.g., Zillow, State Bar) | Bare‑bones PSA, no state‑specific addenda | $0–$25 |
| Title company (recommended) | Custom PSA with local disclosures, escrow instructions | $350–$600 (escrow fee) |
| Sellable | AI‑generated, state‑compliant PSA + checklist | Free trial, then $49/mo or $399 flat‑fee closing package |
*Prices vary by market; the title‑company fee usually covers the contract, recording, and title insurance.
Pro tip: Start with Sellable’s AI‑generated contract. It’s built to meet each state’s legal requirements and flags missing addenda before you even open the file. 👉 Start free
2️⃣ Break the Contract into Six Core Sections
- Parties & Property Description – Who is buying, who is selling, and what’s being sold.
- Price & Financing – Purchase price, earnest money, loan contingencies.
- Closing & Possession – Date, location, and who pays for what at closing.
- Representations & Warranties – What the seller promises about the home’s condition.
- Contingencies & Addenda – Inspections, appraisal, HOA, lead‑based paint, etc.
- Default & Remedies – What happens if either side walks away.
Read each section aloud. If a term sounds vague (“as‑is” without definition) highlight it and move to step 3.
3️⃣ Numbered Review Process
| # | Action | Why it matters | Example |
|---|---|---|---|
| 1 | Verify names & legal description | Mistyped names or parcel numbers can invalidate the sale. | “John D. Smith” vs. “John D. Smyth”. |
| 2 | Confirm purchase price & earnest deposit | Wrong figures cause escrow to reject the contract. | $425,000 price, $10,000 (2.35%) earnest money. |
| 3 | Check financing contingency language | A tight “30‑day loan approval” clause can force you to accept a low appraisal. | “Buyer must obtain financing satisfactory to Buyer within 30 days.” |
| 4 | Scrutinize “as‑is” clause | Protects you from post‑closing repair claims, but may limit your ability to negotiate repairs. | “Seller makes no warranties; Buyer accepts property in its present condition.” |
| 5 | Locate inspection contingency | Without it, the buyer can walk away after discovering a $20k roof leak. | “Buyer may terminate within 10 days after inspection report.” |
| 6 | Identify who pays closing costs | Sellers sometimes agree to pay the buyer’s title insurance—costly in high‑value markets. | “Seller pays 50% of recording fees; Buyer pays 100% of loan fees.” |
| 7 | Review possession date | Early possession may require you to stay longer, incurring rent‑back costs. | “Possession on closing; rent‑back $2,000/mo for 30 days.” |
| 8 | Read default penalties | Liquidated damages can be as high as 2% of the purchase price. | “If Buyer defaults, Seller may retain earnest money as liquidated damages.” |
| 9 | Confirm all required addenda are attached | Missing lead‑paint disclosure in homes built before 1978 can lead to lawsuits. | Addenda list: HOA, Lead‑Paint, Water‑Inspection, Radon. |
| 10 | Check signatures & dates | Unsigned or dated after the “effective date” can make the contract unenforceable. | Both parties sign on 04/12/2026; effective date 04/15/2026. |
Tip: Use a highlighter color‑coding system—green for “good,” yellow for “needs clarification,” red for “red flag.”
4️⃣ Red‑Flag Checklist (What to Stop and Fix)
| Red Flag | Likely Consequence | Fix / Negotiation |
|---|---|---|
| No financing contingency | Buyer may walk away after appraisal, leaving you with a failed sale. | Insert “subject to buyer obtaining financing satisfactory to buyer within ___ days.” |
| Broad “as‑is” language without disclosures | Future lawsuits for undisclosed defects. | Add a separate “Seller’s Disclosure Statement” and list known issues. |
| Earnest money < 1% of price | Buyer can back out easily; you lose time on the market. | Request 2–3% earnest money for a $400k home. |
| Closing date tied to buyer’s loan approval | You may have to stay longer if loan drags. | Add a “maximum closing date” (e.g., 45 days) with a rent‑back clause if extended. |
| No repair credit or allowance | You may be forced to lower price after inspection. | Negotiate a $5,000 repair credit or a “seller will repair” list. |
| Buyer’s “contingent on sale of another property” | If buyer’s home stalls, your contract evaporates. | Require buyer to provide proof of active listing or a 30‑day “kick‑out” clause. |
| HOA documents missing | Late fees or rule violations can surface post‑closing. | Attach HOA bylaws, fees, and a copy of the most recent meeting minutes. |
| Unreasonable default penalties | You may be forced to forfeit earnest money for minor breaches. | Reduce liquidated damages to 1% or replace with “reasonable costs.” |
| No attorney or escrow review clause | Mistakes may go unchecked until closing. | Add “Seller may have legal counsel review contract within 48 hrs.” |
| “All‑Cash” language but no proof of funds | Buyer could claim cash while still arranging a hard money loan. | Request a bank statement or proof of funds letter before signing. |
If any red flag appears, do not sign until it’s corrected. You can request a “clean version” of the contract from the buyer’s agent or escrow officer.
5️⃣ Real‑World Example: Dallas, TX Corner Lot
Seller: Maria Lopez
Buyer: 2‑family investor group
Listing price: $525,000
| Clause | Original wording | Issue | Revised wording |
|---|---|---|---|
| Financing Contingency | “Buyer must obtain financing within 10 days.” | Too short for a conventional loan. | “Buyer must obtain financing satisfactory to Buyer within 30 days; if not, either party may terminate with written notice.” |
| Earnest Money | “Buyer shall deposit $1,000.” | Only 0.19% of price – weak commitment. | “Buyer shall deposit $10,500 (2% of purchase price) as earnest money.” |
| Inspection Contingency | “Buyer may terminate within 5 days after inspection.” | Insufficient time for a thorough 4‑unit property inspection. | “Buyer may terminate within 15 days after receiving inspection reports.” |
| Closing Costs | “Seller pays all closing costs.” | Unrealistic for a $525k sale; reduces net proceeds by ~2.5%. | “Seller pays 25% of title insurance and recording fees; buyer pays all loan fees.” |
| Possession | “Possession on closing.” | Seller needs 2‑week rent‑back to finish moving. | “Possession on closing; rent‑back permitted up to 14 days at $2,500 per day.” |
After renegotiating, Maria closed in 38 days, netting $459,700 after fees—$12,300 more than the original draft would have allowed.
6️⃣ Using Technology to Speed Up Review
- Sellable’s AI Clause Analyzer – Upload your PSA, and the tool highlights every contingency, compares state‑specific thresholds, and suggests alternative language.
- DocuSign or Adobe Sign – Secure electronic signatures with automatic timestamping, eliminating the “missing date” problem.
- Google Sheets Tracker – Create a “Contract Review Tracker” with columns for clause, status (green/yellow/red), and notes. Share with your escrow officer for real‑time updates.
Sample Tracker (copy‑paste into Sheets):
| Clause | Status | Notes / Red Flag | Action Needed |
|----------------------|--------|-----------------------------------------------|----------------|
| Earnest Money | Red | Only 0.5% of price | Increase to 2% |
| Inspection Conting. | Yellow | 7‑day window—tight for older home | Extend to 14 days |
| HOA Documents | Green | All attached, up‑to‑date | — |
| Closing Costs Split | Yellow | Seller paying 100% unusual in this market | Negotiate 25% split |
7️⃣ When to Call a Professional
| Situation | Recommended professional | Approx. cost |
|---|---|---|
| Complex lease‑to‑own or seller‑financing | Real‑estate attorney | $250–$500/hr |
| Multi‑family (5+ units) or commercial mix | Commercial attorney | $300–$600/hr |
| Out‑of‑state buyer with foreign financing | International escrow specialist | $400–$800 |
| Any clause you can’t explain after 30 minutes of research | Sellable’s on‑demand legal chat (included in premium plan) | $0–$99 (depending on plan) |
If you’re comfortable with the checklist above, you can confidently sign the contract. If a clause still feels fuzzy, a 30‑minute consultation (often free) can save you thousands later.
8️⃣ Closing the Deal – Final Checklist
- All signatures dated on or before the “effective date.”
- Earnest money deposited and receipt attached.
- All required addenda (lead‑paint, HOA, radon) included.
- Contingency dates clearly marked (inspection, financing, appraisal).
- Closing cost allocation matches your negotiation notes.
- Possession & rent‑back terms documented.
- A copy of the buyer’s proof of funds or loan pre‑approval attached.
Once you tick every box, upload the signed PSA to your escrow portal, confirm the closing schedule, and start preparing the home for the buyer’s walkthrough.
Bottom line: Reviewing a purchase contract yourself is doable—and when you combine a systematic checklist with Sellable’s AI‑powered tools, you protect your profit without paying a commission.
Frequently Asked Questions
### What if the buyer refuses to add a financing contingency?
A financing contingency protects both parties. If the buyer insists on an “all‑cash” clause, ask for a proof‑of‑funds letter from their bank. If they can’t provide it, you’re free to walk away without penalty.
### How much earnest money is standard for a $300k home?
Typical earnest money ranges from 1%–3% of the purchase price. For a $300,000 sale, $3,000–$9,000 is common. Higher amounts signal a serious buyer and reduce the chance of a last‑minute default.
### Can I sign a contract electronically in Texas?
Yes. Texas recognizes electronic signatures under the Uniform Electronic Transactions Act (UETA). Just ensure the platform you use (e.g., DocuSign) timestamps the signature and stores a tamper‑proof record.
### What’s the difference between a “contingency” and an “addendum”?
A contingency is a condition that must be satisfied for the contract to remain enforceable (e.g., inspection). An addendum is a separate document that modifies or adds terms to the main agreement (e.g., HOA rules). Both are legally binding when signed.
### Should I negotiate the “as‑is” clause?
If you’re comfortable with the home’s condition and have disclosed everything, the “as‑is” clause can protect you from post‑closing repair claims. However, consider offering a repair credit instead of a blanket “as‑is” if the buyer’s inspection reveals minor issues; this can keep the sale moving faster.
Ready to draft a bullet‑proof contract? Try Sellable’s AI‑generated purchase agreement today and keep more of your home‑sale profits. 👉 Sellable pricing
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