Who Draws Up the Contract in a For Sale By Owner Sale?

Thinking about selling your Rhode Island home without a REALTOR® and wondering—who actually writes up the contract in a For Sale By Owner (FSBO) sale?

It’s one of the most common—and most important—questions FSBO sellers ask. Whether your home is in Warwick, East Greenwich, Cranston, Coventry, North Kingstown, or Providence, understanding who prepares your purchase and sales agreement is critical to protecting your interests, staying compliant with Rhode Island law, and ensuring your deal closes smoothly.

Let’s break down what happens, who can legally draft the contract, and what you should know before you sign anything.

What Is a Real Estate Purchase and Sales Agreement?

A Purchase and Sales Agreement (P&S)—sometimes called a sales contract or offer to purchase—is the legally binding document that outlines the terms of your home sale.

This agreement typically includes:

• The purchase price

• Deposit amount and timelines

• Closing date

• Contingencies (inspection, appraisal, financing, etc.)

• Fixtures and appliances included in the sale

• Responsibilities for repairs and maintenance

• Any disclosures required by Rhode Island law

In other words—it’s the blueprint for your transaction. Once both parties sign, you are legally obligated to fulfill the terms.

Who Can Write the Contract in a FSBO Sale in Rhode Island?

In Rhode Island, the law is clear: only a licensed attorney or one of the principals (buyer or seller) can legally draft a purchase and sales agreement.

That means:

• If you’re selling For Sale By Owner, you (the seller) can write your own contract,

• Or the buyer can prepare one (usually using a template),

• Or you can hire a real estate attorney to draft it for you.

While that sounds straightforward, it’s rarely simple.

Here’s why:

1. Most FSBO Sellers Hire an Attorney to Draft or Review the Contract

Even though you can write your own P&S, most Rhode Island FSBO sellers don’t—because the risk of error is high. Real estate transactions are governed by state-specific contract law, disclosure requirements, and timelines that can carry serious legal consequences if handled incorrectly.

A Rhode Island real estate attorney ensures:

• The contract complies with Rhode Island real estate statutes

• All required disclosures (lead paint, smoke/CO detector, septic, etc.) are included

• Terms are clear and protect you from liability

• The timelines for inspections, deposits, and closing are properly defined

Many FSBO sellers assume that downloading a template will cover them—but contracts pulled from the internet are rarely specific to Rhode Island, and often omit required state clauses.

In short: An attorney’s small upfront fee is far less than the cost of a legal dispute later.

2. If the Buyer Has an Agent, That Agent Usually Provides the Contract

In many FSBO transactions, the buyer is represented by a real estate agent, even though the seller is not.

In this case:

• The buyer’s agent typically prepares the offer using the standard Rhode Island Association of REALTORS® Purchase and Sales Agreement,

• You, as the FSBO seller, can review the document with your attorney before signing,

• You can negotiate any terms, just as in a traditional sale.

While this simplifies the process, remember that the buyer’s agent represents the buyer’s best interests—not yours. They are ethically required to disclose facts and facilitate the deal, but they cannot legally advise you.

This is one of the key areas where many FSBO sellers get caught off guard.

3. Your Attorney Can Act as the Neutral Professional

Hiring a Rhode Island real estate attorney provides you with a neutral professional who can:

• Draft or review your contract

• Ensure all state and local disclosures are included

• Clarify contingencies, inspection timelines, and closing conditions

• Protect you from signing something that could expose you legally

The cost for attorney services varies, but most Rhode Island attorneys charge a flat rate between $650 and $900 for document preparation and recording fees, according to the Slocum Home Team’s Seller Resources.

That’s a small investment to safeguard one of your largest financial assets.

4. What Happens If Neither Side Has an Agent?

If neither party is represented, one of the following happens:

• The seller drafts the contract (using a state-approved form or with attorney guidance), or

• The buyer’s attorney drafts it and sends it to the seller for review, or

• Both parties hire their own attorneys to collaborate.

This process takes longer but can still work smoothly if communication is clear and timelines are honored. However, without professional oversight, small missteps—like missing a contingency deadline or mishandling earnest money—can lead to major issues at closing.

5. Using a REALTOR® vs. FSBO: The Difference in Contract Management

When you hire a licensed REALTOR® like Nick Slocum or one of the Slocum Home Team’s top agents, the contract process is handled for you.

Your agent:

• Uses state-approved forms that comply with Rhode Island real estate law

• Negotiates terms on your behalf

• Tracks all contingencies and deadlines

• Coordinates communication with attorneys, lenders, and inspectors

• Helps prevent errors that can derail the deal

According to the National Association of REALTORS® 2024 Profile of Home Buyers and Sellers, 90% of home sellers nationwide work with an agent, and only 6% successfully sell as FSBOs, the lowest share on record.

Why? Because the paperwork, deadlines, and disclosures are complex—and small mistakes can cost thousands.

6. FSBO Forms Are Available—But Use with Caution

If you decide to handle your own paperwork, make sure you use Rhode Island-specific documents.

The RI Association of REALTORS® offers a Purchase & Sales Agreement for Single Family Homes, which includes state-required clauses and contingencies. However, only licensed REALTORS® or attorneys have access to official versions.

Public templates found online often:

• Lack mandatory Rhode Island disclosures,

• Omit crucial inspection and financing protections, or

• Contain language that doesn’t meet state law requirements.

For this reason, consulting a local attorney or experienced REALTOR® before signing is essential.

7. Key Rhode Island Disclosures You Can’t Skip

If you’re selling your home in Warwick, East Greenwich, Cranston, Coventry, or anywhere in Rhode Island, you must comply with the following disclosure laws:

• Lead Paint Disclosure: Required for all homes built before 1978.

• Seller’s Property Disclosure Form: Details all known defects, systems, and recent repairs.

• Smoke & CO Detector Affidavit: Required at closing.

• Septic System or Cesspool Certification: If applicable, especially in coastal towns.

Failing to disclose issues can expose you to lawsuits long after the sale closes.

8. The Bottom Line: You’re Responsible for the Paperwork

Even in a For Sale By Owner transaction, you’re legally responsible for ensuring all documents are accurate and complete. That includes the:

• Purchase & Sales Agreement

• Lead disclosure

• Property condition disclosure

• Deposit receipt

• Closing documents

If something is missing, incorrect, or noncompliant, the liability falls on you—not the buyer.

This is why many FSBO sellers eventually choose to work with a licensed REALTOR® or the Slocum Home Team powered by eXp Realty. The peace of mind, negotiation strength, and legal protection often outweigh the commission savings.

Final Thoughts: Don’t Go It Alone

Selling your Rhode Island home yourself might seem like a way to save on professional service fees—but when it comes to legally binding contracts, the margin for error is razor thin.

Whether you’re in Warwick, East Greenwich, Cranston, or North Kingstown, working with a trusted REALTOR® or attorney ensures your contract is written correctly, your disclosures are complete, and your sale stays on track.

The Slocum Home Team, led by Nick Slocum, has guided hundreds of Rhode Island homeowners through successful transactions—FSBO and otherwise. Built on integrity, precision, and results, the team’s approach makes sure every “i” is dotted and every “t” is crossed.

Call to Action

Thinking about selling your Rhode Island home yourself? Before you list, connect with Nick Slocum or one of The Slocum Home Team’s top agents to review your strategy, pricing, and paperwork. A short conversation could save you thousands—and protect your peace of mind.