State guide

Selling and buying without an agent in New York

What changes in New York: who runs the closing, what you must disclose, and the taxes on a transfer. The national steps still apply; this is the local layer on top.

Closing handled by
A real estate attorney
Attorney customary
Yes
Transfer tax
New York charges a statewide transfer tax of $2 per $500 of price, with a separate buyer-paid mansion tax on homes at $1 million or more and extra layers inside New York City.
Seller disclosure
A Property Condition Disclosure Statement is now mandatory for most one-to-four-family homes, and the old option to skip it for a $500 credit has been eliminated.

Who runs your closing

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 you must disclose

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.

Transfer taxes

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.

The bottom line for doing it yourself

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.

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. Property Condition Disclosure Statement (Form DOS-1614-f)New York State Department of State · dos.ny.gov
  2. Real Estate Transfer TaxNew York State Department of Taxation and Finance · tax.ny.gov
  3. Real Property Law Article 14 (Property Condition Disclosure Act)New York State Senate · nysenate.gov

Free checklist

Your FSBO prep checklist

Enter your email and your checklist downloads as a PDF.