Selling land by owner doesn't mean doing everything yourself. It means you take over the jobs a listing agent would have done: pricing, finding a buyer, negotiating. A title company (or a closing attorney, in some states) still handles the parts that need a neutral third party. Most by-owner sales that go sideways do so because that line got blurred.
This guide draws the line clearly: what's yours, what belongs to the closing agent, and where sellers mix them up. If you want the full step-by-step for a sale without an agent, see how to sell land without a realtor; for finding and vetting a buyer on your own, see selling land privately.
The split, at a glance
| Job | Who handles it | Why it sits there |
|---|---|---|
| Setting the price | You | No one at closing will tell you whether the number is good |
| Marketing and answering buyers | You | This is the work a commission normally pays for |
| Negotiating and signing the contract | You and the buyer | The title company works from the contract; it doesn't write your deal |
| Title search and title insurance | Title company | Confirms you can deliver clean ownership |
| Holding earnest money and closing funds | Title company escrow | Neither side should hold the other's money |
| Deed, settlement statement, recording | Title company or closing attorney | Must be done correctly for your state and county |
| Paying off back taxes or liens | Title company, from your proceeds | Paid at closing so the buyer gets clear title |
| IRS Form 1099-S | Closing agent | Required reporting on the sale |
In attorney states such as Georgia or South Carolina, a lawyer does the closing agent's column instead of a title company. Our guide on whether you need a lawyer to sell land explains how to tell which kind of state you're in.
Your job #1: a price you can defend
Pricing is the job most by-owner sellers underestimate, and it's the one with the biggest dollar consequence. Work from sold parcels, not asking prices, in the same county, with similar acreage, road access and utility availability. Price per acre usually drops as acreage goes up, so a 1-acre lot and a 20-acre tract nearby won't share a per-acre number. The county's assessed value is a tax figure, not a market price.
Before you take calls, put the basics on one page: parcel number, acreage, road frontage, zoning, whether power and water are at the road, flood zone and annual taxes. Every serious buyer will ask for these, and having them ready is the difference between a buyer who keeps moving and one who drifts away. How buyers actually price land goes deeper on comps.
Your job #2: find and qualify the buyer
The usual sources are adjacent owners (often the most motivated buyers a parcel has), a sign on the property, land listing websites, and local builders or developers who buy lots in that area.
Qualifying is the part people skip. Ask early whether the buyer is paying cash or financing. Land loans are harder to get than home mortgages and often require a larger down payment, so a financed buyer carries more risk of falling through. For a cash buyer, ask for proof of funds before you take the land off the market.
Your job #3: negotiate and sign the contract
The title company will carry out whatever the contract says, so the contract is where you protect yourself. Make sure it covers:
- Price and earnest money, with the earnest money deposited with the title company, not handed to you or kept by the buyer.
- The due-diligence period: how long the buyer has to check zoning, survey or perc test, and what happens to the deposit if they walk. A few weeks is common for vacant land; several months is worth pushing back on.
- The closing date and who picks the title company.
- Who pays which costs: title policy, escrow fee, recording, any transfer tax.
- The exact parcel, by parcel number and legal description, not just "the lot on County Road 12."
If the buyer sends a contract you didn't write, a flat-fee attorney review is cheap insurance. Land sale paperwork covers the documents in detail.
What the title company does once you open escrow
Once the contract is signed, it goes to the title company. From there, the closing agent:
- Opens a file and receives the buyer's earnest money into escrow.
- Searches the public record for ownership, liens, unpaid taxes and recorded easements.
- Issues a title commitment listing anything that must be cleared before closing.
- Orders payoff figures for back taxes or liens, to be paid from your proceeds.
- Prepares or coordinates the deed and the settlement statement.
- Schedules signing, in person or by mail with a notary if you're out of state.
- Collects the buyer's funds, records the deed and disburses your money.
What the title company won't do
A title company is neutral: it works for the transaction, not for you. It won't tell you whether your price is low, won't market or negotiate, won't fix a bad contract term after signing and can't give legal advice. If you're counting on the closing agent to catch a weak deal, nobody is catching it.
Where by-owner sellers get the split wrong
- Taking the deposit personally. A check made out to you isn't protected earnest money. Put it in escrow.
- Signing a deed outside closing. An online deed form and a trip to the recorder can transfer the land before you've been paid. The deed and the money should change hands at the same time, through escrow.
- Skipping the title search. "I've owned it for 30 years" doesn't rule out an unreleased old mortgage, a judgment lien or a deceased co-owner still on the deed. See selling inherited land if that last one applies.
- Not reading the title commitment. Its requirements section is the to-do list for your closing.
- Accepting an unfamiliar title company sight unseen. Look it up yourself, confirm it's licensed in the state, and call a number you found independently.
What it costs
Instead of a commission, a by-owner seller pays closing costs: an escrow or settlement fee, recording fees, prorated property taxes, deed preparation, transfer tax in states that charge one, and possibly the owner's title policy, depending on local custom and your contract. On most parcels that's well below a percentage commission, but ask the title company for a written fee estimate before you commit. The trade-off is the work and the pricing risk you take on, and a mispriced parcel can cost more than the commission you saved.
When by-owner isn't the right fit
Selling by owner works best for a clean parcel and a seller with time to answer calls. It's harder when the land is landlocked, has back taxes, has several heirs on title, or sits somewhere you can't visit. In those cases, compare listing with an agent against a written cash offer from a company that procures land for builders, investors and developers. You can request one below, and it's yours to use as a benchmark either way.
Common questions
Can I sell land by owner without a realtor or a lawyer?
In most states, yes. You handle pricing, marketing and the contract, and a title company handles title, escrow, the deed and recording. In attorney states, a lawyer runs the closing instead, so confirm how your county works first.
Who chooses the title company in a by-owner land sale?
Either side can propose one, and the choice is written into the contract. Local custom varies. Whatever you agree to, look the company up yourself and confirm it's licensed in your state.
Who pays closing costs when you sell land by owner?
It's negotiable and often follows local custom. Spell out in the contract who pays the title policy, escrow fee, recording and any transfer tax, and get a written estimate from the title company.
Can I just sign a deed over to the buyer myself?
It's possible, but it's risky: there's no title search, no escrow and no guarantee you get paid before ownership transfers. Closing through a title company lets the deed and the money change hands at the same time.