Selling without an agent in Michigan is completely legal and, on paper, not that complicated. The trap is that a missed form here carries real consequences, from lawsuits over disclosure to a property tax penalty for a late affidavit. Here is the actual stack of paperwork, in the order you will touch it.
Before you list: the seller disclosure statement
Michigan’s Seller Disclosure Act requires nearly every seller of a one to four unit residential property to complete the standard Seller’s Disclosure Statement, covering everything from the roof and basement to appliances and known defects. Selling as is does not waive it. Homes built before 1978 also need the federal lead paint disclosure. Skipping or fudging these forms is the single most common way FSBO sellers end up in court.
The purchase agreement
This is the contract that governs everything: price, earnest money, contingencies, closing date, and who pays what. Michigan does not require an attorney, but a one time contract review typically runs a few hundred dollars and is worth every penny for a by owner sale. We cover typical rates in our guide to real estate attorney fees in Michigan.
At and after closing
- The deed, usually a warranty deed, prepared and signed before a notary
- Michigan transfer tax: 3.75 dollars per 500 dollars to the state plus 55 cents per 500 dollars to the county, about 8.60 dollars per 1,000 dollars of price. On the 260,500 dollar statewide median that is roughly 2,240 dollars, paid by the seller
- The Property Transfer Affidavit, which the buyer must file with the local assessor within 45 days, with the form available at michigan.gov/taxes
- A closing statement itemizing every dollar, normally prepared by the title company handling the money and title insurance
The honest math on by owner sales
FSBO saves the listing commission but you still typically pay title work, transfer tax, and often a buyer agent fee to attract represented buyers. Add the disclosure liability and the negotiating alone, and plenty of owners decide the savings are thinner than they looked. If the house needs work anyway, compare your FSBO net against a direct sale: we buy houses across Michigan for cash with no commissions and we handle every document above, including the transfer tax.