Selling and buying without an agent in New York

Who runs the closing in New York?

New York is an attorney state in practice. There is no single statute ordering it, but the courts and bar have long treated closing work as the practice of law, so both the buyer and the seller almost always hire their own attorney. Your attorney drafts and negotiates the contract, orders the title report, and sits at the closing table to review documents and disburse funds. A title company still issues the title insurance and clears liens, but it works alongside the lawyers rather than running the closing on its own. Budget for legal fees on both sides as a normal part of a New York sale.

What must you disclose when selling a house in New York?

New York tightened its rules in March 2024. Under the amended Property Condition Disclosure Act, a seller of most one-to-four-family homes must complete and deliver the Property Condition Disclosure Statement, Department of State Form DOS-1614-f, before the buyer signs the contract. The 2023 amendment removed the old escape hatch that let sellers skip the form by giving a $500 credit at closing, so the form is now effectively required. It also added seven FEMA flood-related questions, bringing the total to 56. Co-ops and condos are exempt. Answer from your actual knowledge, since a careless form can come back on you.

What transfer taxes do you pay in New York?

The state transfer tax is $2 for every $500 of the price, or 0.4 percent, and the seller normally pays it. A separate mansion tax of 1 percent applies to residential sales of $1 million or more, and that one falls on the buyer. New York City stacks its own transfer tax and a graduated supplemental tax on top for higher-priced homes, so a city closing costs far more than an upstate one. Confirm the current figures with the Department of Taxation and Finance before you estimate your net.

Can you sell without an agent in New York? The bottom line

You can absolutely sell without an agent in New York, but plan around lawyers rather than around escrow. Line up a real estate attorney early, get the disclosure form done right, and know your transfer tax exposure, which is modest upstate and heavy inside the city. This is general information, not legal advice, so lean on your attorney for the specifics of your deal.

Every state's disclosure rule sits side by side, with a CSV, in seller disclosure requirements by state.

What is your home in New York worth? Get a free estimate from your ZIP code, with the agent fee on that price. No email, no account.

Where can you list a home for sale by owner in New York? See how the US for-sale-by-owner sites compare on cost and MLS access.

City guides in New York: New York City.

Selling by owner in a neighbouring state: Connecticut, Massachusetts, New Jersey, Pennsylvania, Vermont.