Make an offer without an agent

Writing your own offer feels like the scary part and is mostly a matter of using the right form and protecting yourself with the right conditions. You are not inventing a legal document. You are filling in a standard one carefully.

Start from the right contract

Use your state’s standard residential purchase agreement, the same form a real estate agent would use, or have a real estate attorney prepare or review your offer. Do not freehand a contract. The standard form is built so the required terms, disclosures, and protections are all present, and an attorney’s review is cheap insurance on the largest purchase of your life.

Set your number with evidence

Anchor your offer to recent sales of similar nearby homes, the same comparable-sales method a seller should use to price. Then weigh the situation: a home that has sat for two months invites a lower offer, while a fresh listing with competing interest does not. Your price is an argument, and your comps are the evidence behind it.

The contingencies that protect you

Contingencies are the conditions that let you walk away and keep your deposit. As an unrepresented buyer, these are your real protection, not an agent.

• The inspection contingency lets you cancel or renegotiate after a professional inspects the home.
• The appraisal contingency lets you renegotiate if the lender’s appraisal comes in below your price, since the lender will only finance the appraised value.
• The financing contingency lets you out if your loan falls through.

Keep the ones that matter. Waiving them can make your offer stronger in a bidding war, but each one you drop is a protection you give up.

Earnest money, and how to protect it

Earnest money is the deposit you put down to show good faith, held by a neutral third party like the title or escrow company, not handed to the seller directly. It is usually 1% to 3% of the purchase price, roughly $3,000 to $9,000 on a $300,000 home, and competitive markets sometimes push it higher. It typically gets applied to your down payment or closing costs when the sale closes. Before you sign anything, write the offer knowing your cash to close, and the seller credit to ask for.

The fear here is real: that you put down thousands of dollars and lose it. The CFPB describes three outcomes for the deposit, and the difference between them is your contract. At closing it is applied to your closing costs or down payment. If you terminate for a permissible reason, such as a contingency you kept, it comes back to you. If you fail to perform in good faith, it can be forfeited to the seller. So tie its release to your contingencies and confirm in writing that a neutral title or escrow company holds it.

Budget for the costs the agent used to coordinate

Buying without an agent does not remove the inspection, appraisal, title, and attorney costs. It just means you are the one tracking and ordering them, so build them into your number from the start. Frame each as a typical range, not a promise, and confirm exact figures locally.

• A home inspection typically runs about $300 to $600 and is paid by the buyer. The national average reported by Bankrate in early 2025 was roughly $340.
• The lender-ordered appraisal also runs about $300 to $600, paid by the buyer. Government-backed loans (FHA, VA, USDA) generally run higher.
• Title insurance is often a lender requirement and runs roughly 0.5% to 1.0% of the sale price as a one-time charge. Who pays which policy varies by state custom.
• An attorney to prepare or review the offer is inexpensive relative to the size of the deal, and in some states is required at closing (see below).

Know your state’s rules before you write

Two state rules matter most before you write: whether your state requires an attorney at the closing, and what the seller must disclose to you in writing. The fear of not knowing what is legally required where you live is real, and the fix is concrete.

First, several states require a licensed attorney to conduct or materially participate in the closing, including Connecticut, Delaware, Georgia, Massachusetts, North Carolina, South Carolina, and West Virginia. Most other states let a title or escrow company close instead, so confirm your own state’s rule rather than assuming a title company can do everything.

Second, most states require the seller to give you a written disclosure of known material defects, usually on a standard form covering the roof, systems, water intrusion, and known hazards. Sellers are generally responsible only for problems within their own knowledge, so read the disclosure closely and treat it as a starting point, not a substitute for your own inspection. If a seller hides a known material defect, that can give you grounds to back out or seek damages.

Before you sign anything, find your state real estate commission’s standard purchase form and disclosure forms, and read the seller’s disclosure as carefully as the contract itself.

Why agent compensation is now negotiated in the open

Since August 17, 2024, buyer-agent compensation must be stated in a written agreement and is fully negotiable, not set by law or quietly assumed. You may have heard that buyers now have to sign agreements before touring homes. That rule applies to agents: an MLS Participant working with a buyer must enter a written agreement before a tour, and that agreement must state the agent’s compensation and that commissions are not set by law and are fully negotiable. If you are genuinely unrepresented and dealing directly with the seller or the seller’s agent, you are not entering a buyer-broker relationship. The reason this matters to you is that it is why agent compensation is now discussed openly rather than assumed, which is exactly what makes the credit below a normal request.

Ask for the credit

Ask the seller to credit the money that would have gone to a buyer agent toward your price or your closing costs. This is a standard request because of the NAR settlement rule change effective August 2024: buyer-agent compensation is no longer assumed and is negotiated openly. It is the move many buyers miss, and it puts money on the table that used to disappear into the deal.

What happens, and how fast, after acceptance

Once the seller signs, expect roughly 41 to 42 days to close on a conventional purchase loan, per ICE Mortgage Technology 2025 data, down from about 44 days in 2024. Government-backed loans take longer, with VA around 71 days and FHA around 77 days in reported figures. This is real work on a real clock, not a hands-off wait.

Within that window your contract deadlines run on their own timers, so put every one of them on a calendar the day the offer is accepted:

• Order the inspection in the first few days so you have room to renegotiate or cancel.
• Your lender orders the appraisal; confirm it is in motion.
• The title company runs the title search and issues title insurance.
• If the home predates 1978, your lead-test window opens immediately.

The closing guide covers the rest of the path to the keys.

Sources used on this page

Every legal, tax, and process claim on this page traces to one of these. We re-check them on a schedule and date the page when anything changes.

1. Mortgages key terms (earnest money, contingencies)Consumer Financial Protection Bureau · consumerfinance.gov
2. What are appraisals and why do I need to look at them?Consumer Financial Protection Bureau · consumerfinance.gov
3. What the NAR Settlement Means for Home Buyers and SellersNational Association of Realtors · nar.realtor
4. Real Estate Disclosures About Potential Lead Hazards (pre-1978 homes, 10-day window, pamphlet, Lead Warning Statement)U.S. Environmental Protection Agency · epa.gov
5. Written Buyer Agreements 101 (August 17, 2024 practice change, compensation must be disclosed and is negotiable)National Association of Realtors · nar.realtor
6. How Long Does It Take to Close on a House (ICE Mortgage Technology 2025 days-to-close data)NerdWallet · nerdwallet.com
7. How Much Is Title Insurance, And Why Do You Need It (cost as share of price, who pays by state)Bankrate · bankrate.com
8. How Much Does a Home Appraisal Cost (2025 buyer-paid appraisal cost data)HomeAdvisor · homeadvisor.com
9. Some States Require a Real Estate Attorney at Closing (list of attorney-closing states)HomeLight · homelight.com
10. Selling a Home, What You Must Tell Buyers About Its Defects (state seller-disclosure obligations)Nolo · nolo.com

Common questions

Where do I get a purchase contract without an agent?

Use your state's standard residential purchase agreement, the same form agents use, or have a real estate attorney prepare or review one. It is generally best not to write your own from scratch. The standard form is built so that the required terms are not left out.

How much should I offer?

Start from recent comparable sales, not the asking price and not your feelings. Then adjust for how long the home has been listed, its condition, and how many other buyers are circling. Your offer is an argument, and comps are the evidence.

Can I include a buyer-agent credit in my offer?

You can ask the seller to credit the amount they might have paid a buyer agent toward your price or closing costs. Since 2024 this is a normal request, because that money is no longer assumed to be going to an agent on your side.

Can the seller keep my earnest money?

Yes, if you walk away for a reason the contract does not allow. The CFPB describes three outcomes: at closing the deposit is applied to your closing costs or down payment; if you terminate for a permissible reason, such as a contingency you kept, it is returned to you; and if you fail to perform in good faith, it can be forfeited to the seller. That is the whole reason to tie the deposit's release to your inspection, appraisal, and financing contingencies and to have it held by a neutral title or escrow company rather than handed to the seller. Source: Consumer Financial Protection Bureau, Mortgages key terms.

How much earnest money should I put down?

Earnest money is usually 1% to 3% of the purchase price, so roughly $3,000 to $9,000 on a $300,000 home, though competitive markets sometimes push it higher. A larger deposit signals a serious buyer, but it is also the amount at risk if you default outside your contingencies, so size it to the market and keep its return tied to the conditions in your contract. Source: Consumer Financial Protection Bureau and market data on typical ranges.

Does the seller have to tell me what is wrong with the house?

In most states, yes, within limits. Most states require the seller to give a written disclosure of known material defects, usually on a standard form, covering things like the roof, systems, water intrusion, and known hazards. Sellers are generally responsible only for problems within their own knowledge, so a disclosure form is not a substitute for your own inspection. If a seller hides a known material defect, that can give you grounds to back out or seek damages. Read the disclosure closely, then verify it with a professional inspection. Sources: Nolo and FindLaw summaries of state seller-disclosure laws.

What if the home was built before 1978?

Federal law adds a step. For most housing built before 1978, the seller must give you the EPA pamphlet 'Protect Your Family From Lead in Your Home,' disclose any known lead-based paint or hazards, hand over related records, and include a Lead Warning Statement in the contract. You also get a 10-day window to test for lead before you are bound, unless you agree in writing to change it. Do not waive that window casually on an older home. Source: U.S. Environmental Protection Agency, real estate lead disclosure rule (Section 1018 of Title X).

Do I need a real estate attorney to buy without an agent?

It depends on your state, and it is worth it either way. Several mostly East-Coast states, including Connecticut, Georgia, Massachusetts, North Carolina, and South Carolina, require a licensed attorney to handle the closing; most other states let a title or escrow company close. Even where no attorney is required, having one prepare or review your offer is modest insurance on the largest purchase of your life. Confirm your own state's rule before you assume a title company can do everything. Source: HomeLight survey of attorney-closing states.