Selling a home without an agent (FSBO)

What you do yourself

Without an agent, pricing, marketing, showings and paperwork fall to you or to professionals you hire. The federal rules below do not change, and your state adds more. Agent compensation is fully negotiable and not set by law (NAR), so the saving depends on what you would have agreed to; see real estate commission.

What changed for sellers in 2024

NAR’s practice changes took effect on August 17, 2024. Offers of compensation between agents are no longer allowed on Multiple Listing Service platforms. Sellers can still offer compensation off the MLS, and can offer buyer concessions, such as help with closing costs, on the MLS. Buyers who use an MLS agent must sign a written agreement before touring a home. See buyer agreements after the settlement. Ask your local MLS whether and how a seller without a broker can list.

Federal duties for sellers

Lead paint (homes built before 1978). Before the buyer is bound by a contract, you must give the EPA pamphlet “Protect Your Family From Lead In Your Home,” disclose any known lead-based paint information and its location, provide available records and reports, and include a lead warning statement. You must give the buyer a 10-day period to conduct a paint inspection or risk assessment, unless you both agree in writing to a different period or the buyer waives it. Keep a signed copy of the disclosures for three years after the sale (EPA).

Fair housing. The Fair Housing Act makes it unlawful to make, print or publish any notice, statement or advertisement for a dwelling that “indicates any preference, limitation, or discrimination” based on race, color, religion, sex, handicap, familial status or national origin (42 U.S.C. § 3604(c)). The Act exempts some single-family sales by private owners, but only if the owner does not own more than three such houses and sells without a broker or agent and without a prohibited advertisement. The exemption has more conditions, including a one-sale-per-24-months limit for owners who are not living in the house. It also says you may still use attorneys, escrow agents, title companies and similar help to transfer title (42 U.S.C. § 3603(b)). Do not assume you qualify; ask an attorney.

Foreign sellers. If the seller is a foreign person, the buyer is generally the withholding agent, the rate is generally 15%, and the buyer may be liable for the tax if it fails to withhold (IRS, FIRPTA). Tell your closing agent your status early.

The buyer’s lender still runs the show

Most buyers need a mortgage, and their lender orders an appraisal. A low appraisal can force a price change; see how appraisals work. The lender must give the buyer a copy of the appraisal promptly or three business days before closing, whichever is earlier (Regulation B).

If the buyer uses FHA, interested parties, including a seller, may contribute up to 6 percent of the sales price toward the buyer’s origination fees, closing costs, prepaid items and discount points. Payment of agent commissions customarily paid by the seller is not counted (Handbook 4000.1). On a $400,000 sale, the 6 percent limit is $24,000. See FHA loans and VA loans.

Taxes on your sale

To use the exclusion, you or your spouse must have owned the home for at least 24 months of the last 5 years, and used it as a residence for at least 24 months of the last 5. You are generally not eligible if you excluded gain on another home sale within the prior two years (IRS, Topic 701). You must report the sale if you receive Form 1099-S or cannot exclude all the gain, using Schedule D and Form 8949. The IRS page is reviewed October 12, 2026. See capital gains on a home sale for the full rules.

Closing without an agent

Someone must still handle the closing, the payoff of your mortgage and the transfer of title. Ask the title company or attorney what they charge and which forms your state requires; see closing costs explained and title insurance explained.

Where states differ

States set seller disclosure forms, whether an attorney is required at closing, transfer taxes, and how contracts must be written. See Texas seller disclosure, California seller disclosure, Texas real estate attorney and California transfer tax.