Selling Without a Broker (FSBO) in NYC

Yes, you can sell an NYC house, condo or co-op without a listing broker: no law requires one, and you keep the commission you would have paid. In exchange you do the broker's work yourself (pricing, marketing, showings, screening buyers and managing the deal to closing) and you still need a New York real estate attorney for the contract.

Selling by owner works best when the home is easy to price, you have time to answer inquiries and show the home, and you are comfortable negotiating directly. It is harder in a co-op with a demanding board or in a slow market where exposure matters. Here is what the job involves and how to decide.

What a listing agent normally does (and you now do)

Step by step: selling on your own

1. 1

   Hire your attorney first

   In NYC the seller's attorney usually drafts the contract, holds the buyer's deposit in escrow and runs the closing. Engage one before you list so you have someone to send offers to. See what a real estate attorney does.
2. 2

   Price from real sales, not asking prices

   Look up recent closed sales of similar homes on Roofy's NYC sales records and the Department of Finance's rolling sales files, which cover the last 12 months. Adjust for size, floor, light, condition and outdoor space. Our pricing guide walks through it. Overpricing is the most common FSBO mistake: listings that sit get discounted.
3. 3

   Get the paperwork ready

   For a one- to four-family house, complete the New York Property Condition Disclosure Statement; it must be delivered before the buyer signs a binding contract. For homes built before 1978, prepare the federal lead paint disclosure. For co-ops and condos, get the building's sale package and fee schedule from the managing agent.
4. 4

   Make a strong listing

   Good photos and a floor plan with dimensions do most of the work online. State the monthly costs (taxes, common charges or maintenance) up front. You can list your home free on Roofy and share the link anywhere.
5. 5

   Run safe showings

   Book appointments rather than leaving open-ended access, ask for a name and phone number, put away valuables and medication, and consider open houses so several buyers come at once. In a co-op or condo, follow building rules on visitors and open houses.
6. 6

   Vet buyers before you accept

   Ask financed buyers for a pre-approval letter and cash buyers for proof of funds. In a co-op, compare the buyer’s down payment and post-closing liquidity with the building’s requirements before you accept.
7. 7

   Negotiate, then hand off to the attorneys

   Agree on price, deposit, closing timing and what stays with the home, then put it in writing as an accepted offer. The attorneys turn it into the contract. Nothing is binding until both sides sign the contract.

Buyer's agents after the NAR settlement

Many buyers still work with an agent. Since August 17, 2024, those agents must have a written agreement with the buyer before touring a home, and the agreement must state how much the agent is paid. The National Association of Realtors says offers of compensation can no longer be listed on multiple listing services, but sellers can still offer to pay a buyer's agent through other channels or negotiate it in the purchase agreement. Whether to offer anything is your decision.

Your practical options as an FSBO seller:

• Offer nothing. Buyers then pay their own agent. This keeps your costs lowest but may narrow your buyer pool if buyers are short on cash.
• State an offer in your listing. A flat fee or percentage you'll pay a buyer's agent at closing, written into the contract.
• Negotiate offer by offer. Treat any request to cover the buyer's agent as part of the price. A credit toward the buyer's costs is a separate item called a seller concession; see the seller concessions calculator.

Compare the total cost of each route with the real estate commission calculator and see the full picture in commissions after the NAR settlement.

Fair-housing rules apply to you

Owners sometimes assume fair-housing laws only bind brokers. Federal law does exempt some single-family sales by an owner from most of its rules, but it expressly keeps the ban on discriminatory advertising, 42 U.S.C. § 3604(c), in force. The NYC Human Rights Law also covers sales, including advertisements and interviews.

A middle path: limited-service and flat-fee brokers

Most buyers search sites fed by broker listing databases. NAR describes limited-service listing agreements, where a broker provides a narrower set of services such as MLS marketing but may not arrange showings, advise on offers or negotiate. You pay a smaller fee for exposure and keep the rest of the work. Read the scope carefully, and see listing agreement types before you sign anything exclusive.

Is FSBO right for you?

Before deciding, estimate what you would net either way with the seller net proceeds calculator. The commission saved is only a gain if your sale price doesn't fall by more than that amount.

Next: read how to sell a home in NYC for the full process, and preparing your home for sale for a room-by-room list. This guide is general information, not legal advice.