To list a property for sale, you choose how you’ll bring it to market, pull together the documents and figures that describe the home, set a price grounded in recent comparable sales, complete the disclosures federal and state law require, write a listing that complies with fair housing rules, and publish it where buyers are searching. The sequence matters: skipping a disclosure or guessing at square footage can create liability that follows you past closing.
Choose How You’ll Sell
Your first decision shapes everything after it. The three common paths are a full-service listing agent, a flat-fee MLS service, or selling on your own.
A listing agent will ask you to sign a listing agreement. The most common form is an exclusive right to sell, which means the agent earns a commission no matter who finds the buyer. An exclusive agency agreement lets you sell the home yourself without owing the agent, but any outside buyer triggers the fee. An open listing lets you work with multiple agents and pay only the one who closes. Agents put more marketing behind an exclusive right to sell because their compensation is guaranteed.
Total commissions have historically run 5% to 6% of the sale price, split between the listing side and the buyer’s side. A 2024 settlement involving the National Association of Realtors changed how that works. Offers of buyer-agent compensation can no longer be published on the Multiple Listing Service. Sellers can still offer compensation through other channels, and buyers can negotiate agent fees as part of their offer. Commission terms are now less standardized and negotiated more often deal by deal.1National Association of REALTORS. NAR Settlement FAQs
If you want MLS exposure without a full-service agent, flat-fee brokers enter your listing into the MLS for a one-time fee, typically $100 to $400. You handle showings, negotiations, and paperwork. Sellers who skip the MLS entirely rely on For Sale By Owner platforms and social media marketplaces, which cost little but reach a much smaller pool of buyers.
Gather the Property Information
Every listing needs a core set of facts about the home. Pull these before you write a word of description.
- Legal description and parcel ID. The legal description is the boundary definition on your deed; the Parcel Identification Number is the code your county uses for tax purposes. Both come from your county recorder’s office or the tax assessor’s online database.
- Square footage. Use the figure from your most recent appraisal or the county assessor’s records. Rounding up is one of the fastest ways to invite a lawsuit after closing.
- Property taxes. Pull the current annual amount from your most recent bill. Buyers expect the actual dollar figure, not an estimate.
- HOA details. If the property sits in a homeowners association, identify the organization, the recurring dues, and any special assessments. The management company or governing documents are the source.
- Mortgage payoff. Call your lender for a current payoff figure. You need it to calculate net proceeds and confirm you can sell without a short sale.
Set a Price Based on Comparable Sales
Pricing from the start matters more than most sellers expect. An overpriced listing sits, accumulates days-on-market that make buyers suspicious, and often sells for less than it would have at a realistic price. Underprice it and you leave money behind.
The working tool is a comparative market analysis: recent sales of homes similar in square footage, age, condition, lot size, and location. An agent pulls this from the MLS. Selling on your own, you can approximate it from closed sale prices on public real estate portals, though the data is less granular. Focus on closed prices, not asking prices.
Don’t anchor on your tax-assessed value. The assessed figure is what your county uses to calculate property taxes, and in many jurisdictions it’s capped or adjusted in ways that lag the market. A home assessed at $280,000 might sell for $350,000 or more. Comparable sales are the foundation; the tax bill isn’t.
Complete the Required Disclosures
Before a buyer can make an informed offer, you are legally obligated to disclose known problems with the property. The requirements come from both federal law and state statutes, and cutting corners creates real liability.
Lead-Based Paint
If your home was built before 1978, federal law requires you to disclose any known lead-based paint or lead hazards, provide any inspection reports you have, and give the buyer an EPA-approved informational pamphlet before they are bound under a purchase contract.2Office of the Law Revision Counsel. 42 USC 4852d – Disclosure of Information Concerning Lead Upon Transfer of Residential Property You must also give the buyer at least 10 days to arrange a lead paint inspection, though the buyer can waive that window in writing.3eCFR. 24 CFR Part 35 Subpart A – Disclosure of Known Lead-Based Paint Hazards Upon Sale or Lease of Residential Property
Penalties are steep. The current inflation-adjusted civil penalty is $22,263 per violation, and a buyer who proves you knowingly withheld information can recover three times their actual damages in court.4Federal Register. Civil Monetary Penalty Inflation Adjustment
Property Condition
Most states require sellers to complete a property condition disclosure form covering the home’s major systems and known defects. The exact form varies, but it typically asks about the roof, plumbing, electrical, HVAC, water heater, foundation, and appliances. You’ll also answer questions about past flooding, water intrusion, pest damage from termites or other wood-destroying organisms, and known environmental hazards like radon, asbestos, or soil contamination.
The form asks what you actually know, not what a professional inspector might find. “I never looked” is not a safe defense when a problem was obvious. False answers or deliberate omissions can lead to fraud claims or rescission of the sale. Most states require the signed disclosure to reach the buyer before they finalize an offer.
Flood Risk
No federal law currently requires sellers to disclose flood risk or prior flood damage, but many states have their own requirements covering flood zone location, past flood insurance claims, and natural hazard exposure. Even where disclosure isn’t mandated, failing to mention a flooding history when asked can constitute misrepresentation. If your property sits in a FEMA-designated Special Flood Hazard Area, the buyer’s lender will require flood insurance regardless of what you disclose, so the information will surface during underwriting.
Write a Fair-Housing-Compliant Listing
Federal law restricts what you can say in the listing itself. Under the Fair Housing Act, it’s illegal to publish an advertisement that indicates a preference, limitation, or discrimination based on race, color, religion, sex, disability, familial status, or national origin.5Office of the Law Revision Counsel. 42 USC 3604 – Discrimination in the Sale or Rental of Housing
In practice, describe the property and its features, not the type of person you think should buy it. Phrases like “perfect for young professionals,” “no children,” “Christian neighborhood,” or “English speakers only” all violate the Act. Describing the home as having a nursery or being near houses of worship is generally fine because you’re describing the property, not screening buyers. Most agents stick to objective characteristics: room counts, square footage, upgrades, and location relative to landmarks.
Publish the Listing
The Multiple Listing Service remains the most powerful distribution channel for residential listings. When your property enters the MLS, the data syndicates automatically to consumer-facing search portals, reaching the majority of active buyers. Access requires a licensed broker, which is either your full-service agent or a flat-fee service you’ve hired specifically for MLS entry.
Most MLS platforms require at least one exterior photograph, and in practice you need more than that to compete. Listings with professional photographs of every major room, the exterior, and the yard generate significantly more buyer interest. Many agents include professional photography in their commission; if you’re selling independently, a few hundred dollars spent here usually pays for itself.
FSBO sellers who skip the MLS can list on dedicated FSBO sites, social media marketplaces, and local community groups. These channels cost little or nothing but reach a smaller audience. MLS listings get seen by nearly every buyer working with an agent; off-MLS listings rely on buyers who happen to be searching the platform where you posted.
Once the listing goes live, platforms typically run an automated review that checks for prohibited content and verifies basic accuracy. That takes anywhere from a few minutes to several hours. After that, the listing syndicates across the broader network of real estate search sites. You’ll update its status as the sale progresses: active, under contract, pending, or sold. Price changes, description edits, and photo swaps usually propagate across syndicated sites within 24 hours.
Know Your Net Before You List
Your listing price isn’t what you’ll walk away with. Seller closing costs typically run 6% to 10% of the sale price once you include agent commissions. Common line items include the listing agent’s commission, any buyer-agent compensation you’ve agreed to, title insurance for the buyer, transfer taxes, recording fees, prorated property taxes, and your outstanding mortgage payoff.
Calculate estimated net proceeds before you set the price, not after you accept an offer. Subtract the mortgage payoff, estimated closing costs, and any repair credits you expect to negotiate. If the result is lower than you need, better to know now than at the closing table. A listing agent or title company can run a preliminary net sheet that breaks down every expected cost.
Federal tax on the sale is often the smallest piece. If you’ve owned and used the property as your principal residence for at least two of the five years before the sale, you can exclude up to $250,000 of capital gain from federal taxable income. Married couples filing jointly can exclude up to $500,000 if at least one spouse meets the ownership requirement and both meet the use requirement.6Office of the Law Revision Counsel. 26 USC 121 – Exclusion of Gain From Sale of Principal Residence The two years don’t need to be consecutive, just 24 months within the five-year window. For most homeowners, this exclusion eliminates federal tax on the sale.
In roughly a dozen states, a licensed attorney must be involved in the closing process. That adds a fee but also provides legal review of the transaction documents. In the remaining states, title companies handle closings without attorney involvement. Check your state’s requirements early so the cost doesn’t surprise you.