If you are selling your home without an agent, the paperwork is not optional. Every state has specific disclosure rules, attorney requirements, and contract obligations that apply to FSBO sellers just as strictly as they apply to agent-assisted sales. In fact, the legal burden is heavier on you, because there is no broker overseeing what goes into the contract package. According to NAR's 2025 Profile of Home Buyers and Sellers, FSBO transactions accounted for just 5% of all home sales last year, and incomplete or missing disclosures are one of the main reasons deals fall apart before closing. Here is what you need to know for Connecticut, Washington D.C., and Maryland.
Connecticut: An Attorney State With Serious Disclosure Forms
Connecticut is one of a handful of states where only a licensed attorney can conduct a real estate closing for a mortgage-financed transaction. Under Connecticut General Statutes Section 51-88a, if your buyer is using a loan, an attorney must handle the closing. In practice, even cash transactions go through attorneys because the preparation of the deed, purchase agreement, and title transfer is handled by legal professionals here. Plan on both you and the buyer having separate legal representation. Attorney fees for a standard FSBO transaction typically range from $1,000 to $1,500.
The bigger compliance item is the Residential Property Condition Disclosure Report under C.G.S. Section 20-327b. This is a nine-page form issued by the Connecticut Department of Consumer Protection that requires you to disclose everything you know about the property: structural defects, mechanical systems, environmental hazards, water and sewage issues, roof leaks, basement flooding, fire damage, land use restrictions, past litigation, fuel tank information, HVAC and plumbing problems, and smoke and CO detector status. You must deliver this form to the buyer before they sign any binder, purchase contract, option, or lease with a purchase option. If you fail or refuse to provide it, the buyer is entitled to a $500 credit at closing. There is no FSBO exemption.
If your property is in one of the towns affected by crumbling concrete foundations (pyrrhotite contamination), you also need the Residential Foundation Condition Report. And for any home built before 1978, federal lead-based paint disclosure requirements apply. For the full rundown of every Connecticut requirement, see our Connecticut FSBO rules guide.
Washington D.C.: Heavy Disclosures, No Attorney Requirement
Washington D.C. does not require an attorney to conduct a real estate closing. Title companies and escrow agents handle closings here, and many FSBO sellers choose to work with a real estate attorney for contract review without mandating one by law. But the disclosure requirements are substantial.
Under D.C. Code Section 42-1301 and following, sellers of one- to four-unit residential properties must provide the District of Columbia Residential Real Property Seller Disclosure Statement to the buyer before or at the time the contract is signed. This covers structural defects, roof condition, water intrusion, electrical and plumbing issues, zoning and code compliance, environmental hazards including asbestos and radon, wood-destroying pests, and drainage issues. Buyers cannot waive this disclosure right. The form is mandatory and applies to FSBO sellers exactly as it applies to agents.
For homes built before 1978, the lead-based paint disclosure requirements from both federal law and the D.C. Lead-Hazard Prevention and Elimination Act of 2008 (D.C. Code Section 8-231.01) apply. You must provide the D.C. Lead Disclosure Form, any existing lead paint reports or assessments you have, and the EPA pamphlet. Buyers are entitled to a 10-day inspection period for lead hazards. Paint in pre-1978 structures is presumed lead-based unless proven otherwise.
If you are selling a condominium or home in a homeowners' association, the HOA or condo resale package must be delivered within 10 business days of request. See our Washington D.C. FSBO rules guide for the complete breakdown of transfer taxes, homestead exemptions, and required addenda.
Maryland: Two Paths for Disclosure, Both Require Action
Maryland gives FSBO sellers a choice under Real Property Code Section 10-702, but doing nothing is not an option. You must provide the buyer with either:
- The Residential Property Disclosure Statement, covering 35-plus categories including structural components, plumbing and electrical systems, environmental hazards (lead, radon, asbestos), land use matters, and any known defects; or
- A Disclaimer Statement, selling the property "as-is."
Here is the catch with the "as-is" disclaimer: even when you choose it, you must still disclose any known latent defects that would pose a direct threat to health or safety that a buyer would not reasonably discover through a visual inspection. You cannot simply say "as-is" and stay silent about a leaking underground oil tank or a faulty electrical panel. Disclosure is based on your actual knowledge.
For homes built before 1978, federal and Maryland lead-based paint disclosure requirements apply. You must provide the EPA pamphlet, disclose any known lead paint hazards, and give buyers the opportunity to conduct a lead inspection.
Maryland does not require attorney representation at closing, though it is highly recommended. A valid purchase agreement should include the full legal names of all parties, a complete legal property description, purchase price, closing date, financing terms, inspection contingency and deadline, default provisions, and earnest money deposit terms. If your property is in Prince George's or Montgomery County, additional county-specific addenda may be required. See our Maryland FSBO rules guide for the full list of disclosures, transfer taxes, and Bright MLS requirements.
Common Threads Across All Three Jurisdictions
While the specifics vary, every state requires three things from a FSBO seller:
- Honest and complete disclosure of known property defects — silence is not a legal strategy.
- A written purchase agreement that meets state contract law standards. Verbal deals are not enforceable.
- Compliance with federal lead-based paint law for any home built before 1978.
Missing any one of these can kill a deal weeks into the process, after you have already turned away other buyers and spent money on inspections and marketing. The NAR data shows that FSBO homes that ultimately sell for less than agent-assisted homes, and legal complications during the contract phase are a major reason why. A deal that falls through over a missing disclosure form is a deal you cannot get back.
How the Notable Pay at Close Program Helps
One practical way to reduce legal risk is to invest in a pre-listing inspection and get any major issues documented before a buyer's inspector finds them. The Notable Pay at Close program, offered through Coldwell Banker Realty, allows you to finance staging, repairs, and pre-listing inspections with zero upfront cost — the investment gets repaid at closing. That way you know exactly what your disclosure forms need to say, and you can address problems before they become deal-breakers.
What to Do Next
If you are preparing to list your home FSBO in Connecticut, Washington D.C., or Maryland, start by reading the full state-specific guide for your jurisdiction. Bookmark the disclosure forms so you have them ready before you accept any offers. And if you are unsure whether your disclosure package is complete or whether your contract language is enforceable, get a real estate attorney to review it before you sign.
If you would rather have an experienced professional handle the legal side, the pricing, the marketing, and the negotiation for you, Robert Clarke offers a free consultation to talk through your specific situation. He is a Realtor with Coldwell Banker Realty, licensed in CT, DC, MD, and MA, and works with sellers across the DMV region and beyond. Contact him at robert.clarke@cbrealty.com.