Selling a House Without an Agent in New York: A Practical FSBO Guide

Selling a house without an agent in New York is legal, and some owners do it well. The ones who succeed treat it as a project with a fixed order: price, paperwork, marketing, showings, offers, contract, closing. The ones who struggle usually start with a listing photo and figure out the rest when a buyer asks for a document they do not have.

This guide follows the order a New York sale actually runs in. It is written for owners of one-family houses, two-family homes, co-ops and condos in Queens, Brooklyn and the rest of New York City, with notes for Nassau and Suffolk County. It covers what you take over from a listing agent, how to set a price you can defend, which forms the law requires, what a for sale by owner listing costs and what happens on closing day.

I have worked with sellers for 15+ years, in English and Polish. Some of them tried to sell on their own first. The gaps they ran into were rarely about marketing. They were about records, disclosure forms and the contract timeline, and those are the parts this guide spends the most time on.

Is selling a house without an agent in New York legal?

Yes. New York does not require a property owner to hire a real estate broker or salesperson to sell their own home. A broker’s license is required to sell someone else’s property for a fee, not your own. A sale by the owner, often called “for sale by owner” or FSBO, is a normal sale in every legal sense: the same contract, the same taxes and the same closing.

What the law does not let you skip

Selling on your own removes the listing agent. It does not remove anything else. You still deal with:

• A real estate attorney. In New York City and on Long Island, the seller’s attorney customarily drafts the contract of sale, holds the buyer’s deposit in escrow and handles the closing. It is the one professional almost every New York seller keeps.
• The Property Condition Disclosure Statement. Most sellers of one-to-four-family houses must deliver it before the buyer signs a binding contract.
• Federal lead paint rules for housing built before 1978.
• Transfer taxes owed to New York State and, in the five boroughs, to New York City.
• Fair housing law, which applies to the way you advertise even when no broker is involved.

Who actually does what in a by-owner sale

In a New York for sale by owner deal, the work an agent would normally do falls to you, and the legal work stays with your attorney. A buyer may still have their own agent, a lender, an attorney and an appraiser. You become the person who coordinates all of them on your side.

What you take over when there is no listing agent

The listing agent’s job is mostly logistics and judgment: setting the price, preparing the house, getting buyers in the door, sorting real offers from weak ones and keeping the deal moving until closing. When you sell by owner, each item on that list becomes yours.

The steps to selling a house without an agent, task by task

Read that table before you decide. If most of the right-hand column sounds manageable with your schedule, a by-owner sale can work. If several items worry you, a hybrid approach, covered at the end of this guide, may fit better.

How do you price a house you sell by owner?

Price comes from closed sales of similar homes nearby, adjusted for the differences that buyers and appraisers notice. Asking prices tell you what other sellers hope for. Closed sales tell you what buyers actually paid and what an appraiser is likely to support for the buyer’s lender.

Where New York sellers find closed sales

• New York City: deeds and sale prices are recorded in the city’s ACRIS system, and the Department of Finance publishes rolling sales data for each borough. Both are public.
• Nassau and Suffolk County: deeds are recorded with the county clerk, and assessment records are kept by the county or town.
• Listing sites: useful for photos and descriptions of recent sales, but check the recorded price where you can.

Comparing like with like

A good comparable sold recently, is the same property type and the same legal unit count, and sits in the same part of the neighborhood. In Queens, small differences matter: a legal two-family is not comparable to a one-family with an extra kitchen in the basement, an attached row house is not comparable to a detached house on a wider lot, and a block near the express subway stop or an LIRR station can sell differently from one a mile away. Adjust for condition, updates, parking, outdoor space and finished areas, and be honest about what has not been updated.

Appraisal or opinion of value?

You have two ways to check your own number. A licensed appraiser can prepare a pre-listing appraisal for a fee. A real estate agent can prepare a comparative market analysis, or CMA, which is an opinion of value and not an appraisal. Either one is useful as a second view, because owners tend to price from what they paid, what they spent on renovations or what they need to net, and buyers care about none of those.

The price also has to survive the buyer’s appraisal. If the buyer is financing and the appraisal comes in below the contract price, the lender lends on the lower value, and you are usually back at the table. For a deeper look at how value is set in this borough, read what your Queens home is worth and how it is valued.

The paperwork to gather before you list

The best thing a by-owner seller can do is build the document packet before the first showing. In New York, the buyer’s attorney and the title company will ask for most of it within days of an accepted offer. A seller who already has it looks prepared and keeps the contract moving. A seller who does not can lose a buyer to the delay.

What documents do you need to sell a house by owner in New York?

Compare what you have with what the house is

Before you list, walk through the house with the Certificate of Occupancy in your hand. If the house has a basement apartment, a third kitchen, a rear extension or a finished attic, check whether the records show it. A gap between the house and the paperwork is the most common reason a Queens sale slows down, and it is much cheaper to learn about it now than from the buyer’s attorney. The guide to selling your home in Queens walks through the same preparation from the listing side.

Disclosure rules for a for sale by owner home in New York

A for sale by owner New York sale carries the same disclosure duties as any other sale. Without an agent, nobody reminds you of the deadlines, so put them on your own checklist.

The Property Condition Disclosure Statement

Under Real Property Law section 462, the seller of a one-to-four-family house must complete the Property Condition Disclosure Statement and deliver it to the buyer or the buyer’s agent before the buyer signs a binding contract of sale, unless the sale falls under one of the law’s exemptions. Since amendments that took effect on March 20, 2024, sellers can no longer give the buyer a $500 credit instead of the form, and the form now includes questions about flood zones, flood insurance and past flood damage.

The form records what you actually know. It is not a warranty, and you are not expected to inspect the house yourself to fill it in. Answer each question truthfully, use “unknown” where you genuinely do not know, and have your attorney read it before it goes to a buyer. If you learn something new before closing that makes an answer inaccurate, the law expects a revised statement.

Co-ops and condos are different

The disclosure statement under section 462 covers houses, not apartments: units in condominiums and shares in cooperative corporations fall outside it. Apartment sellers still answer the buyer’s questions honestly, and the building’s documents, minutes and financial statements carry most of the information a buyer reviews.

Lead-based paint in older housing

For housing built before 1978, which includes most houses and many apartment buildings in Queens and Brooklyn, federal rules require the seller to disclose any known lead-based paint and hazards, provide available reports, include a Lead Warning Statement in the contract and give the buyer the pamphlet “Protect Your Family From Lead in Your Home”. The buyer must be offered a 10-day period to test for lead, which the parties can change or waive in writing, according to the U.S. Environmental Protection Agency. This rule applies to owners selling on their own exactly as it applies to brokered sales.

Flood information

If the house is in a FEMA flood zone, have your flood insurance policy, any elevation certificate and any record of past claims ready. A buyer with a federally regulated or insured mortgage on a house in a Special Flood Hazard Area must carry flood insurance, and the cost of that policy affects what they can afford to offer.

Marketing a for sale by owner home in Queens and New York City

A buyer cannot make an offer on a house they never see. In New York, most buyers search through the same handful of large listing sites, and many of those sites draw their listings from the regional multiple listing service. For Queens, Brooklyn and Long Island, the main one is OneKey MLS.

Getting your listing in front of buyers

• Sale-by-owner sites: free or low-cost, but they reach a smaller audience, and some buyers’ agents do not search them.
• Flat-fee MLS services: a licensed broker enters your listing in the MLS for a set fee and usually leaves the rest of the work to you. Read exactly what the fee covers, who answers buyer calls and whether you can cancel.
• Your own network: neighbors, people at work, your tenant’s contacts and local community groups. Many for sale by owner Queens NY sales start this way, with a buyer who already knew the block.

Photos, floor plan and description

Photos decide whether a buyer clicks. Shoot in daylight, with lights on and curtains open, from the corners of each room. Include the basement, the boiler room, the yard and the street view. A simple floor plan with room sizes saves you dozens of phone calls. In the description, state the facts buyers filter by: property type, legal unit count, bedrooms and bathrooms per unit, heating fuel, parking, lot size, annual taxes and the nearest subway or LIRR station.

Fair housing rules apply to you too

The federal Fair Housing Act has a narrow exemption for some owners who sell a single-family house without a broker, but that exemption never covers discriminatory advertising. Under 42 U.S.C. 3603(b) and 3604(c), no seller may publish an ad that states a preference or limitation based on a protected characteristic, and New York State and New York City human rights laws add their own protections. The safe practice is to describe the property, not the buyer you imagine: rooms, systems, location, transit and outdoor space. Avoid phrases about who the home is “perfect for”, and leave out any description of the people who live nearby.

Showings and open houses when you sell by owner

Showings are where by-owner sellers spend the most time. A little structure makes them less draining and more useful.

Before anyone walks in

• Pre-screen callers. Ask whether they are paying cash or financing, whether they have a pre-approval letter and whether they have a house to sell first. Ask for the letter or proof of funds before a second visit.
• Book appointments. Give showings a time window and keep a log of names, phone numbers and dates.
• Put away valuables, medications, mail and documents with personal information. Keep doors to rooms you do not want entered closed and say so.
• Have the packet ready: a one-page summary with taxes, utility costs, the unit count and a copy of the floor plan.

Two-family houses with tenants

If you are selling a two-family with a tenant in place, the lease and New York law shape when and how you can show the apartment. Give the tenant reasonable notice, agree on times, and ask your attorney what the lease allows before you schedule open houses. Buyers will want to know whether the unit is delivered vacant or with the tenant, and that answer belongs in the contract. The guide to selling a two-family house in Woodside covers how tenants, leases and legal unit counts affect a sale.

Open houses

An open house brings volume. It also brings neighbors and casual visitors. Ask everyone to sign in, keep a second adult in the house, and do not leave the front door unattended. If the house is empty, read the guide to selling a vacant house in New York for access, utilities and insurance issues during showings.

How to handle offers and buyer’s agents

When you sell by owner, many of the buyers who call will have their own agent. That is normal, and it often helps, because a buyer’s agent usually brings a pre-approved buyer and keeps their side organized.

Buyer’s agent compensation is negotiable

The commission paid to any real estate agent is negotiable and set by agreement. A buyer’s agent may ask whether you will contribute to their compensation, or the buyer may ask for a seller concession to cover it. You can say yes, no or make it part of the price discussion. Whatever you agree should be in writing and reviewed by your attorney before the contract. The buyer’s agent may also ask you to acknowledge the New York agency disclosure form, which only confirms that they do not represent you.

Comparing offers on more than price

An accepted offer is not a contract

In New York City and on Long Island, the deal becomes binding when both sides sign the contract of sale, not when you accept an offer by phone or email. Until then, either side can walk away. Write down the accepted terms in a short memo, send it to both attorneys the same day, and keep showing the house until the contract is signed if you want a backup buyer. The buyer will usually schedule a home inspection in this window; the guide to a home inspection in NYC explains what the buyer is checking and what requests often follow.

The contract of sale and your attorney’s role

Once the terms are accepted, your attorney prepares the contract of sale and sends it to the buyer’s attorney. In a by-owner sale, your attorney is also your main source of judgment on the legal and practical risks, so choose one who handles residential closings in your county every week.

What the contract usually covers

• Price and deposit: the buyer pays a deposit at signing, customarily held in escrow by the seller’s attorney until closing.
• Mortgage contingency: if the buyer is financing, a set period to obtain a loan commitment, and what happens if they cannot.
• Condition of the house: whether it is sold as is, what stays (appliances, fixtures) and in what condition it must be delivered.
• Title and records: how open permits, violations or other title objections will be handled.
• Occupancy: whether the house is delivered vacant, and what happens with any tenant.
• Closing date: usually “on or about” a date, with room for the lender’s schedule.

Timing the forms around the contract

Two forms must reach the buyer before the contract is signed: the Property Condition Disclosure Statement for most houses, and the lead paint disclosure for pre-1978 housing. Give both to your attorney with the contract request so they travel together. If you have chosen to sell as is, the disclosure duties do not disappear; the guide to selling a house as is in New York explains what “as is” does and does not change.

From contract to closing

After signing, the buyer’s lender orders the appraisal and underwrites the loan, the title company searches the property and your attorney clears any objections. The guide to how long it takes to close on a house in NYC lays out each stage and the delays most often caused by missing paperwork.

Selling a co-op or condo without an agent

Apartments add a third party to the sale: the building. A co-op board or a condo board, working through the managing agent, has its own forms, fees and timeline, and none of it is optional.

Co-ops

In a co-op, the buyer must be approved by the board before closing. The buyer prepares a board package with financial statements, tax returns, reference letters and the building’s own forms, and the board usually interviews the buyer. As the seller, you supply what the managing agent needs from you, such as the stock certificate, the proprietary lease and your payoff information, and you pay any flip tax the building charges. Ask the managing agent early for the sale requirements and the fee schedule. The guide to the co-op board approval process in NYC explains each step from the buyer’s side, which helps you judge whether a buyer is likely to pass.

Condos

Condo boards usually do not approve buyers the way co-op boards do, but many condominiums have a right of first refusal, and the managing agent must confirm the board has waived it before closing. Expect an application from the buyer, building fees and a closing date that depends on the managing agent’s turnaround.

Apartment buyers ask for building documents

Buyers’ attorneys review the offering plan and amendments, recent financial statements, board minutes, house rules and any planned assessments. Ask the managing agent how to request them, and how long it takes, before you list.

How much does it cost to sell a house by owner in New York?

Skipping the listing agent removes the listing side of the commission. It does not remove the other costs of a New York sale. Knowing how much it costs to sell a house by owner keeps you from setting a price that only works if those costs disappear.

Taxes and fees a New York seller usually pays

Taxes the buyer usually pays

The New York State “mansion tax” of 1% applies to residential sales of $1 million or more and is paid by the buyer; in New York City, a supplemental tax applies from $2 million. If the buyer does not pay or is exempt, the seller becomes responsible, so your attorney confirms how these are handled in the contract.

Capital gains

Federal tax law lets many owners exclude part of the gain on the sale of a main home if they owned it and lived in it for at least two of the five years before the sale, as described in IRS Topic 701. Rental units, inherited property and second homes follow different rules. Speak with a tax professional before you set a bottom-line number. For a closer look at the costs on the city side, read the guide to Queens closing costs explained.

What happens at closing when you sold without an agent

Closing day looks the same with or without a listing agent. Your attorney, the buyer’s attorney, the buyer’s lender’s representative and the title closer meet, often at an attorney’s office or the title company, and the money and documents change hands.

What you bring and sign

• Government-issued photo ID, and the deed and transfer tax forms your attorney prepares.
• The state transfer tax return (Form TP-584-NYC in the city, TP-584 outside it) and, in the five boroughs, the city’s Real Property Transfer Tax return. The title company or attorney usually files them.
• Keys, garage remotes, codes and any manuals or warranties for appliances and systems.
• Final meter readings or utility account details.

Who handles the money

The buyer’s funds pay off your mortgage first, through the payoff letter your attorney ordered. Transfer taxes are collected at the table. Adjustments for property taxes, fuel oil and, for apartments, maintenance or common charges are calculated. The balance comes to you. The settlement agent reports the sale to the IRS, and sellers who are not U.S. persons may face federal withholding under FIRPTA, which your attorney should raise early.

The final walk-through

The buyer usually walks through the house shortly before closing. Leave it broom-clean, with everything that the contract says stays, and with the systems working. A clear, empty house prevents last-minute arguments on the closing table.

Selling a house by owner in Nassau and Suffolk County

On Long Island, most for-sale-by-owner deals are houses on larger lots, and the paperwork shifts from city agencies to towns, villages and the county.

What changes outside the city

• No NYC transfer tax. The state transfer tax still applies, and the state return is Form TP-584, filed with the county clerk.
• Town and village records. The Certificate of Occupancy, permits for decks, pools, sheds and additions, and any open violations are held by the town or village building department. Search them before you list.
• Septic systems and cesspools. Many parts of Suffolk and some parts of Nassau are not on public sewers. Expect buyers to inspect the system, and have pump-out and repair records ready.
• Private wells. Where the house uses a well, buyers usually test the water.

Owners searching how to sell without an agent on the Island often start from the county pages. The guides to selling in Nassau County and Suffolk County cover the local records, timelines and preparation in more detail.

When a by-owner sale works, and when to get help

A by-owner sale tends to work when the buyer is already known, the house is a straightforward one-family with clean records, the owner has time during the week, and the price is set from closed sales. It tends to struggle when the records and the house disagree, when a co-op board or tenants are involved, when the owner lives far away, or when the house is part of an estate.

A checklist for selling a house without a listing agent

1. Hire your attorney first and ask what they need from you before you list.
2. Price from closed sales, checked against an appraisal or an opinion of value.
3. Build the document packet: deed, Certificate of Occupancy, permits, violations search, survey, tax bills, mortgage details.
4. Complete the disclosure forms and have your attorney review them.
5. Prepare the house: clean, repair small items, clear the basement and boiler room for access.
6. Take daylight photos and draw a floor plan.
7. List on sale-by-owner sites, a flat-fee MLS service or both, with fair-housing-compliant wording.
8. Pre-screen buyers and keep a showing log.
9. Compare offers on financing, appraisal risk and timing, not only price.
10. Send the accepted terms to both attorneys the same day, with the disclosure forms.
11. Coordinate the inspection, the appraisal and any board package.
12. Prepare for closing: payoff letter, transfer tax forms, keys and a broom-clean house.

Middle paths

Some sellers hire an agent only after trying on their own for a few weeks. Others start with a flat-fee MLS listing and hire help if showings are slow. If the house is inherited, the executor’s authority and the estate’s timeline add steps; read the guide to selling an inherited house in New York first. For the full picture of a brokered sale in the city, the guide to selling a home in NYC shows how the same steps look with an agent handling them.

This article is for general informational purposes only and reflects conditions that may change. It is not legal or tax advice; consult a licensed New York real estate attorney and a tax professional about your own sale. A comparative market analysis is an opinion of value, not an appraisal. Legal and tax rules described here reflect the cited government sources as of October 2026. Real estate brokerage services are offered by Agatha Lubas, Licensed Associate Real Estate Broker, NY License #10301213345, Keller Williams Realty Liberty, 96-10 101st Avenue, Ozone Park, NY 11416. The NYS Disclosure Form for Buyer and Seller, the NYS Housing and Anti-Discrimination Disclosure / Fair Housing Notice, and the brokerage’s Standard Operating Procedures are available on request. Equal Housing Opportunity.

Agatha Lubas

Licensed Associate Real Estate Broker · NY License #10301213345 · Keller Williams Realty Liberty

Agatha Lubas works with sellers and buyers throughout Queens, Brooklyn, Nassau County and Suffolk County, from pricing and paperwork to the contract and closing day. She serves clients in English and Polish.

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