How to Sell Land by Owner in Texas: License, Notices and Closing
You can sell your own Texas land without a realtor or a license. What you can’t skip are the notices Texas law requires before the buyer is bound, and a clean closing. Here is what applies to vacant land, what applies once there’s a house, and how the closing works.
Updated Nov 4, 2026 · By the Twin Sun Land Company team
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The short version
- No license needed to sell your own land (Occupations Code § 1101.002).
- Seller’s disclosure: homes of one dwelling unit, not vacant land (Property Code § 5.008).
- Vacant land contract: additional tax notice, or a paragraph on who pays those taxes (§ 5.010).
- Annexation and ETJ notice: most sales of land outside city limits, before the contract binds (§ 5.011).
- Utility district land: MUD notice before a binding contract (Water Code § 49.452).
- Floodplain: no state form for a vacant land cash sale that we found, but the TREC contract asks (Para. 7E).
- Close through a title company; no transfer tax in Texas.
Can I sell my land in Texas without a realtor?
Yes. Texas licenses brokers, and a broker is someone who sells property for another person in exchange for a commission or other pay (Occupations Code § 1101.002). Selling your own land is not that, so you need no license. You do take on the agent’s work: pricing, marketing, the contract and the closing.
What you save is the commission. What you give up is the help. Most owners who sell land themselves find the buyer, agree on a price, then let a title company handle the money, the title search and the closing.
Do I need a seller’s disclosure to sell land in Texas?
Not for vacant land. The Texas seller’s disclosure notice is required for residential property of not more than one dwelling unit (Property Code § 5.008(a)). If your land has a house, it applies, unless the house is worth 5% or less of the property’s total value or another exemption fits (§ 5.008(e)).
Even when the form isn’t required, tell the buyer what you know: a known flood history, an old dump site, a boundary dispute. Hiding a known problem can still create liability after the sale. If you are unsure, ask a Texas real estate attorney.
Which notices does Texas require when you sell land?
Three catch vacant land sellers most. A vacant land contract must carry a notice about possible additional taxes (Property Code § 5.010). Land outside city limits needs an annexation notice before the contract binds the buyer (§ 5.011). Land in a utility district needs a district notice (Water Code § 49.452).
| Notice | When it applies | If you skip it |
|---|---|---|
| Additional taxes (§ 5.010) | A contract for vacant land. The bold notice goes in the contract itself, unless a separate paragraph says who pays those taxes (§ 5.010(d)) | The buyer can recover from you the additional taxes and interest caused by the transfer, or by a change in use within 5 years |
| Annexation and ETJ (§ 5.011) | Most sales of Texas real property. Land wholly inside city limits is exempt, as are sales to a spouse, child or co-owner; see § 5.011(c). Due before the contract binds | The buyer can terminate within 7 days of getting it, or before the transfer, whichever is first |
| Utility district (Water Code § 49.452) | Land inside a MUD or other district with taxing power | The buyer can terminate; damages are possible |
| Pipeline location (§ 5.013) | Unimproved land to be used for residential purposes. State what you know, or say you don’t know. Not required if you must furnish a title commitment and the buyer can terminate over uncured title objections (§ 5.013(f)) | The buyer can terminate within 7 days after the contract’s effective date |
| Seller’s disclosure (§ 5.008) | Land with one home on it, unless an exemption fits | Give it before the contract; see the statute for the buyer’s rights |
The additional tax is the one to watch if your land has an ag valuation. The TREC land contract has the annexation notice at Paragraph 6E(5), a rollback tax paragraph at 13B, and the title commitment and objection terms at 6B and 6D. Writing your own contract? Check each of these yourself.
A title company or Texas real estate attorney can tell you which notices your tract needs, and whether your contract’s wording satisfies them.
Do I have to disclose a floodplain when selling vacant land in Texas?
We found no state floodplain form for a cash sale of vacant land: the floodplain questions in Property Code Chapter 5 sit in the home disclosure (§ 5.008) and the contract-for-deed notice (§ 5.069). But the TREC land contract asks anyway. At Paragraph 7E the seller marks whether they know of a floodplain or of damaging flooding.
| Your sale | Floodplain question |
|---|---|
| Vacant land on the TREC contract | Yes. Para. 7E(7) asks if you know the land is wholly or partly in a floodplain; 7E(1) asks about flooding that materially hurt its use. Para. 6D lets the buyer object to any part lying in a special flood hazard area (Zone V or A) |
| Vacant land on another written contract | No Chapter 5 form. Don’t hide what you know |
| Land with one home | Yes, on the § 5.008 notice, unless an exemption fits |
| Contract for deed where the buyer will live on the land | Yes. The § 5.069 notice has a line for “The property is not in a floodplain.” A contract that delivers the deed within 180 days is outside these rules (§ 5.062(c)) |
A 2025 bill, HB 4617, would have required sellers of unimproved land to disclose a floodplain. The Legislature’s history shows it was referred to committee on April 3, 2025, with no later action, and the current Chapter 5 has no such section. Look your tract up on the FEMA flood map before you answer, and answer from what you actually know.
How do I sell land by owner in Texas, step by step?
Confirm what you own and owe, set a price from real sales, find a buyer, sign a written contract, give the required notices, and close through a title company. The title company searches the title, collects the buyer’s money, pays off any liens, records the deed and pays you.
- Know what you own. Pull your deed from the county clerk and your account from the appraisal district, including any ag valuation and any mineral reservations. Check that the tract touches a public road or has a recorded easement to one: buyers ask, and lenders rarely finance land without legal access (what to do if your Texas land is landlocked).
- Price it from real numbers. Start with Texas land prices per acre by region, then look for sales of similar tracts nearby.
- Find a buyer. Signs, land listing sites, neighbors, or a direct cash buyer.
- Sign a written contract. Agents must use the TREC Unimproved Property Contract; owners can too. Settle who pays the title policy and any ag rollback in writing.
- Give the notices above before the contract binds the buyer.
- Close at a title company. It handles the deed, the payoffs and the recording. If you are married, ask early whether your spouse has to sign.
Can I sell land in Texas with a power of attorney?
Yes, if the document gives the agent authority over real property. The real property language in a Texas statutory durable power of attorney lets the agent sell and convey land (Estates Code § 752.102). That power must be recorded with the county clerk where the land sits, no later than 30 days after the deed is filed (§ 751.151).
A durable power of attorney must say it survives the owner’s disability or incapacity, or that it starts then. The owner signs it, or another adult signs at the owner’s direction and in their conscious presence, and it is acknowledged before an officer who can take acknowledgments and administer oaths, usually a notary (§ 751.0021).
Give the title company a copy early. In practice, expect it to read the wording and ask whether the power is still in effect. If the owner is married and the land is a homestead, read who has to sign first. If the owner has died, start with selling inherited land in Texas.
What does it cost to sell land by owner in Texas?
No commission, but you still pay your share of closing costs. On the TREC land contract the seller pays lien releases, tax certificates, the deed and half the escrow fee, and often the owner’s title policy, whose premium is set by the state. Texas has no transfer tax.
The full split, with the state’s title rates: Texas land closing costs: who pays what. For your own number, use the Texas closing cost calculator.
If you sell to us instead: We pay all closing costs (title, closing fee, notary and recording), and there is no commission. Texas has no transfer tax or deed stamps. Only a mortgage, liens or back taxes owed on the land come out of the sale proceeds, paid off by the title company at closing. How selling land in Texas works.
Please note. General information, not legal advice. Laws change and every title is different, so confirm your situation with a Texas attorney or your county tax office before you act.
Who wrote this. Twin Sun Land Co. is a direct cash buyer of vacant and rural land in Oklahoma and Texas. We are one of the options on this page, so we have a stake in the answer. Our mission: Twin Sun Land Company exists to serve landowners: we make selling land simple, transparent, and fair, so every owner walks away with the most value their property can bring. The Texas rules here come from the Texas statutes linked in the sources.
Frequently asked questions
Do I need a real estate license to sell my own land in Texas?
No. A broker is someone who sells property for another person for pay (Occupations Code 1101.002). Selling your own land is not that.
Is a seller’s disclosure required for vacant land in Texas?
No. Property Code 5.008 requires it for residential property of not more than one dwelling unit. Land with a house may need it.
What notices do I have to give when selling land in Texas?
A vacant land contract carries the additional tax notice (Property Code 5.010). Most sellers of land outside city limits give the annexation and ETJ notice before the contract binds (5.011). Land in a utility district also needs the district notice (Water Code 49.452).
Do I have to disclose a floodplain when selling vacant land in Texas?
We found no state floodplain form for a cash sale of vacant land, and a 2025 bill to require one (HB 4617) stalled in committee. But the TREC land contract asks at Paragraph 7E whether you know of a floodplain or damaging flooding, so answer from what you know.
Can I sell land in Texas with a power of attorney?
Yes, if it grants authority over real property (Estates Code 752.102). A durable power of attorney used for a deed must be recorded with the county clerk no later than 30 days after the deed is filed (751.151).
Who handles the closing when I sell land without a realtor in Texas?
A title company. It searches the title, holds the money, pays off liens, records the deed and pays you.
Can I use the TREC contract without an agent?
Yes. Agents must use TREC forms; owners selling their own land can use the same Unimproved Property Contract (TREC No. 9-18).
Is selling land by owner in Texas worth it?
It saves the commission if you have the time to price, market and manage the contract. A direct cash buyer is the other way to skip it.
Sources
Every rule on this page comes from the Texas Occupations Code, Property Code, Estates Code and Water Code, plus the TREC Unimproved Property Contract. Property Code Chapter 5, the Estates Code sections and the TREC contract were read in full text on November 4, 2026; the Occupations and Water Code sections on October 30, 2026. How to cite: Twin Sun Land Company team, “How to Sell Land by Owner in Texas,” Twin Sun Land Co., November 2026.
- A broker is someone who acts for another person for a commission or other valuable consideration: Occupations Code § 1101.002
- Seller’s disclosure notice: residential property of not more than one dwelling unit; exemptions incl. a dwelling worth 5% or less of the total value: Property Code § 5.008
- Notice of possible additional taxes in a vacant land contract; exemptions, the separate-paragraph option and the buyer’s recovery: Property Code § 5.010
- Notice that land outside a city may be annexed or fall in its extraterritorial jurisdiction; due before the contract binds; exemptions at (c): Property Code § 5.011
- Utility district (MUD) notice before a binding contract; buyer may terminate if it isn’t given: Water Code § 49.452
- Notice of transportation pipelines under unimproved land to be used for residential purposes; title commitment exception at (f): Property Code § 5.013
- Contract for deed rules: which sales they cover, and the seller’s notice with its floodplain line: Property Code § 5.062, Property Code § 5.069
- HB 4617 (2025): floodplain disclosure for unimproved land; referred to committee April 3, 2025, no later action: Texas Legislature Online, HB 4617 history
- Durable power of attorney: what it must say and how it is signed; recording it for a deed; an agent’s real property powers: Estates Code § 751.0021, § 751.151, § 752.102
- The land contract Texas agents must use; title terms (para. 6), seller’s disclosures incl. floodplain (para. 7E), who pays which closing costs (para. 12), rollback taxes (para. 13B): TREC Unimproved Property Contract, TREC No. 9-18 (PDF)
More for Texas landowners
Last updated Nov 4, 2026. General information, not legal, tax or financial advice.
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