What legal risks does a FSBO seller take on in Texas?

Consistently, yes, based on multi-year national survey data — though the size of the gap varies by year and market. The main drivers are reduced marketing exposure (no MLS access without a paid flat-fee service), pricing based on the seller's own analysis rather than professional comps, and negotiating without a buffer between the seller and buyer.

In most cases, yes, if you want buyer's agents to show your home to their clients. Refusing to offer buyer's agent compensation significantly narrows your buyer pool, since most buyers work with an agent and most agents prioritize showing homes where their compensation is clearly addressed. This meaningfully reduces the commission savings FSBO is expected to provide.

Most commonly when the seller already has a known, motivated buyer lined up — a family member, neighbor, or existing tenant — which removes the two hardest parts of a sale (marketing and finding a buyer). It can also work for sellers with genuine real estate, contract, or negotiation experience. It's riskiest for first-time sellers attempting an open-market sale with no buyer already identified.

Yes, and it's a common path. There's no penalty for starting FSBO and deciding to list with an agent if the home isn't generating serious interest, if a legal or negotiation question comes up that feels beyond your comfort level, or if the time commitment becomes more than expected. Todd Spencer talks with FSBO sellers in exactly this situation regularly — no judgment, just a straightforward assessment of where things stand and what would change with professional representation.