How to Sell Your Home Without a Realtor in New York (FSBO Guide)

New York is an attorney state - a licensed New York attorney must represent you at closing. This is actually an advantage for FSBO sellers: your attorney handles the legal and title work that agents typically coordinate with other professionals. You still manage pricing, marketing, showings, and negotiations yourself - and you keep the commission.

On a $500,000 home (near the NYC metro median outside Manhattan), a 6% agent commission is $30,000. In Westchester, Nassau, or Suffolk counties where $700K-$1M+ is common, commissions reach $42,000-$60,000. Manhattan apartments present different dynamics (see below).

New York's Attorney Requirement

Unlike most states, New York real estate closings are conducted by attorneys. You need a licensed New York real estate attorney for:

• Reviewing and negotiating the purchase contract
• Title examination and title insurance
• Conducting the closing
• Handling escrow and fund disbursements

Budget $1,500-$3,000 for your attorney's representation. For a $500,000 sale saving $30,000 in agent commissions, this is an excellent trade.

The buyer also has their own attorney. Much of the negotiation after the offer is accepted happens attorney-to-attorney - this is normal in New York.

New York Disclosure Requirements

New York has the Property Condition Disclosure Act (PCDA), Real Property Law Section 462 et seq., which requires sellers of 1-4 family residential property to complete a Property Condition Disclosure Statement and deliver it to prospective buyers prior to contract signing.

The New York PCDS covers:

• Title and legal: liens, easements, encroachments, violations
• Environmental: lead paint (federal, pre-1978), asbestos, radon, underground storage tanks, contaminated soil, PCBs, fuel oil tanks
• Water supply and sewage: municipal vs well vs septic
• Structural: foundation, roof, basement, walls, floors - known defects
• Mechanical: heating, cooling, electrical, plumbing
• Flooding: flood zone, insurance, history of flooding
• Pest infestation: termites, wood-destroying insects
• HOA or condo association status

The $500 credit alternative: If you do not deliver the PCDS before contract signing, you must give the buyer a $500 credit at closing. Many New York sellers (and their attorneys) use this provision and simply provide the $500 credit rather than filling out the disclosure. In practice, buyers still conduct inspections regardless.

New York City note: NYC co-op and condo apartments have additional disclosure requirements via the offering plan and board package. FSBO of a co-op requires board approval regardless of whether you use an agent.

New York FSBO Purchase Process

The New York residential sale process is more attorney-driven than most states:

1. Accept an offer (verbally or in writing, price and basic terms)
2. Buyer's attorney drafts the contract (or seller's attorney provides a contract)
3. Attorney negotiation - attorneys for both sides negotiate contract terms, contingencies, schedules
4. Contract signing and down payment - buyer typically pays 10% down payment (not just earnest money) at contract signing. This is a significant commitment - buyer can lose 10% if they default.
5. Inspection - typically done before or shortly after contract signing in NY
6. Title search and mortgage commitment
7. Closing - attorneys meet (in person or remotely), funds disbursed, deed transferred

The 10% down payment at contract is standard in New York (vs 1-2% earnest money elsewhere). As a FSBO seller, this gives you strong protection against buyer default.

New York Transfer Taxes

New York has multiple transfer taxes - among the most complex in the US:

State Transfer Tax (Real Property Transfer Tax):

• $2.00 per $500 (0.4%) for residential properties under $1M - paid by seller
• Mansion Tax: 1.0% paid by buyer on sales $1M and above (graduated up to 3.9% for $25M+)

New York City additional taxes (for NYC sales):

• NYC Real Property Transfer Tax: 1.0% for sales under $500K, 1.425% for $500K-$1M (seller pays)
• Additional NYC taxes for certain property types

New York State additional tax on residential sales $2M+:

• Additional transfer tax of 0.25% for sales $2M-$3M

Typical seller closing costs in New York (outside NYC):

• State transfer tax: ~$2,000 on $500K
• Attorney fee: $1,500-$3,000
• Title insurance (if seller pays owner's policy): $1,000-$2,500
• Satisfaction/payoff of mortgage
• Prorated taxes
• HOA fees (if applicable)

Typical seller closing costs in New York City:

• State transfer tax + NYC transfer tax: approximately 1.825% combined on $500K-$1M
• Attorney fee: $2,000-$4,000
• Flip tax (co-ops only, if applicable): varies by building

New York Markets

New York City (Manhattan, Brooklyn, Queens, Bronx, Staten Island)

NYC is the most complex FSBO market in the US. Condos can be sold FSBO. Co-ops require board approval regardless of how the property is sold - the board process (application, interview, approval) is time-consuming and unpredictable. Most NYC buyers use brokers, and NYC's broker commission structure has historically been a buyer's agent commission paid by seller.

Post-NAR settlement, NYC is changing. FSBO of condos (not co-ops) is viable with attorney representation and flat-fee MLS on StreetEasy/RLS.

Long Island (Nassau and Suffolk counties)

Nassau and Suffolk are strong FSBO markets. $500K-$1M+ homes are common. Attorney representation is normal and expected. Flat-fee MLS on LI's regional MLS is important for buyer agent access.

Westchester County

Affluent suburban county north of NYC. $600K-$1.5M+ homes. Strong buyer demand from NYC commuters. Attorney-driven process. Flat-fee MLS recommended.

Hudson Valley (Dutchess, Ulster, Orange, Sullivan counties)

Growing market with NYC transplants and second-home buyers. More affordable than NYC metro. FSBO works well. Attorney representation still required.

Upstate New York (Albany, Buffalo, Syracuse, Rochester)

More affordable markets ($200K-$400K typical). Strong FSBO culture. Attorney representation required but at lower cost ($1,000-$2,000 typical). Good markets for direct FSBO with Zillow and Craigslist.

Getting a New York Real Estate Attorney

This is the most important step for New York FSBO sellers. Look for:

• Licensed New York State real estate attorney (not just any attorney)
• Experience specifically with residential transactions (not just corporate law)
• Flat-fee contract review available ($500-$800) vs full-service representation ($1,500-$3,000)

For FSBO, full-service representation (contract review + negotiation + closing) is recommended - you need someone to protect you in the attorney-to-attorney negotiation process.

Resources: New York State Bar Association referral service (nysba.org), Avvo, local bar associations.

Getting on the New York MLS

New York has regional MLSs: REBNY RLS (NYC), Long Island MLS, NYS MLS, Mid-Hudson MLS, and others. Flat-fee MLS services can list you for $99-$399. For NYC condos, StreetEasy is as important as the MLS - it's the dominant consumer search platform.

Also list on:

• Zillow FSBO (free)
• StreetEasy (NYC - free FSBO listing available)
• Craigslist NYC/Long Island/Upstate (free)
• Facebook Marketplace
• Nextdoor
• Yard sign (less effective in dense urban areas, more effective in suburbs)

Checklist: New York FSBO Process

• Hire a New York real estate attorney before listing (essential)
• Gather documents: deed, survey, title documents, tax records, permits
• Complete Property Condition Disclosure Statement OR budget $500 credit to buyer
• Complete federal lead paint disclosure if pre-1978
• Professional photography
• Price using 90-day sold comps
• List on Zillow FSBO, StreetEasy (NYC), Craigslist, Facebook Marketplace, Nextdoor
• Flat-fee MLS on regional MLS (REBNY RLS for NYC, LIMS for Long Island, etc.)
• Yard sign (suburbs/upstate)
• Respond to inquiries promptly
• Show the property
• Accept offer verbally/in writing (your attorney will handle the formal contract)
• Your attorney drafts or reviews purchase contract
• Attorney negotiation of contract terms with buyer's attorney
• Contract signing - buyer pays 10% down payment
• Inspection (often before or at contract signing)
• Title search and buyer's mortgage commitment
• Closing with both attorneys present
• Calculate state and local transfer taxes in your net proceeds
• Sign closing documents, receive proceeds

This guide is for informational purposes only and does not constitute legal advice. Consulting a licensed New York real estate attorney is required for a New York residential transaction - this is not optional advice.