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How to sell your house by owner in New Jersey

For sale by owner (FSBO) in New Jersey, without a realtor · rules checked · sources

Attorney at closing
Customary, not required
Seller disclosure
Required
State transfer tax
Varies

No law makes you hire an attorney in New Jersey, but most closings there use one. New Jersey sellers must give buyers the Seller's Property Condition Disclosure Statement (NJ Division of Consumer Affairs, includes flood section) (N.J.S.A. 56:8-19.2 (flood disclosure); P.L. 2024, c.32 (licensees must obtain the statement)). New Jersey's state transfer tax is not one flat rate, usually paid by the seller.

General information, not legal advice. Rules change and counties add their own; check with a New Jersey real estate attorney or title company before you sign anything. Last checked October 20, 2026.

New Jersey transfer tax and savings calculator

State transfer tax
Varies: see below
Commission you don't pay (5–6%)
$20,000–$24,000
Saved if you still pay the buyer's agent (2.5–3%)
$10,000–$12,000

Example for a $400,000 sale. State tax only; county or city taxes may add to it. Commissions are negotiable and vary; these are typical ranges, not quotes.

Steps to sell a house without a realtor in New Jersey

  1. Price it from sold homes, not asking prices. Pull recent sales of similar homes nearby from the county records or the "sold" filter on the big portals, or pay a licensed appraiser for a pre-listing appraisal.
  2. Fill in the Seller's Property Condition Disclosure Statement (NJ Division of Consumer Affairs, includes flood section) now. New Jersey requires it (N.J.S.A. 56:8-19.2 (flood disclosure); P.L. 2024, c.32 (licensees must obtain the statement)); buyers should get it before they sign. Get the official form.
  3. Make a listing buyers can judge from home. Bright photos of every room, an honest description, a floor plan and a 360° virtual tour filter out people who were never going to buy, so fewer, better showings.
  4. List it where buyers look. A flat-fee MLS listing (a broker puts you on the MLS for a fixed fee) gets you onto Zillow, Realtor.com and Redfin; add FSBO sites, social media and a yard sign with a QR code to the tour.
  5. Show it, then get offers in writing. Ask for a mortgage pre-approval or proof of funds before a showing, and decide up front whether you'll pay a buyer's agent. Accept with a written purchase agreement; the earnest money goes to your attorney, not to you.
  6. Book a closing attorney. Closings in New Jersey usually happen at an attorney's office, even though it isn't strictly required.
  7. Close. You sign a bargain and sale deed with covenant against grantor's acts, your attorney pays off your mortgage and records the deed with the county. The state transfer tax is paid when the deed is recorded and is usually paid by the seller.

New Jersey seller disclosure

New Jersey requires sellers to disclose the home's known condition in writing on the Seller's Property Condition Disclosure Statement (NJ Division of Consumer Affairs, includes flood section) (N.J.S.A. 56:8-19.2 (flood disclosure); P.L. 2024, c.32 (licensees must obtain the statement)). Give it to the buyer before they sign the purchase agreement: a late or missing disclosure can let the buyer cancel or sue.

Sellers must disclose whether the home is in a FEMA flood hazard area and any flood history before the buyer is bound to a contract; the state form covers this. The 2024 law requires agents to obtain the signed statement; an owner selling alone should use the same form.

Seller's Property Condition Disclosure Statement (NJ Division of Consumer Affairs, includes flood section) (official source)

Whatever the state rule, a home built before 1978 needs the federal lead-based paint disclosure and the EPA pamphlet, and the buyer gets 10 days to test unless they waive it.

New Jersey transfer tax

New Jersey charges a real estate transfer tax when the deed is recorded, with no single flat rate. The full rule: Seller-paid Realty Transfer Fee, graduated: $2.00 per $500 up to $150,000, then $3.35 / $3.90 per $500 bands (sales up to $350,000); higher schedule up to $6.05 per $500 above $1M for sales over $350,000. Sales over $1M also pay a seller-paid Graduated Percent Fee of 1% to 3.5% of the whole price (since July 10, 2025). By custom it's usually paid by the seller, but the purchase contract can split it differently.

Local taxes: Reduced rates apply for sellers who are seniors 62+, blind or disabled; Graduated Percent Fee applies to residential sales over $1,000,000.

Official transfer tax source

Paperwork for selling a house without a realtor in New Jersey

Sellers in New Jersey usually convey with a bargain and sale deed with covenant against grantor's acts. The title company, escrow officer or attorney prepares it with the other closing documents.

Also expect:

  • Smoke alarm, carbon monoxide alarm and portable fire extinguisher certificate from the local fire official required before sale or transfer (N.J.A.C. 5:70-2.3)
  • Many municipalities also require a Certificate of Occupancy or resale inspection before closing; fees and rules vary by town
  • Three-business-day attorney review period applies to the standard contract; either party may have a lawyer review and disapprove

Hire a New Jersey attorney: attorney review of the contract (3 business days) is standard and closings are attorney-led. Get the smoke/CO certificate and any town resale certificate early because failed inspections delay closings.

The rest of the work is marketing: a clear listing, honest photos and a virtual tour. Tips in how to write a property listing and how to make a virtual tour with your phone.

Frequently asked questions

Can you sell a house without a realtor in New Jersey?

Yes. No state requires a real estate agent to sell your own home. No law makes you hire an attorney in New Jersey, but most closings there use one. The steps are on this page.

Do I need a lawyer to sell my house in New Jersey?

Not by law. No law makes you hire an attorney in New Jersey, but most closings there use one. Paying one to review the purchase contract is cheap insurance.

Are seller's disclosures required in New Jersey?

Yes. New Jersey sellers must give buyers the Seller's Property Condition Disclosure Statement (NJ Division of Consumer Affairs, includes flood section) (N.J.S.A. 56:8-19.2 (flood disclosure); P.L. 2024, c.32 (licensees must obtain the statement)). Sellers must disclose whether the home is in a FEMA flood hazard area and any flood history before the buyer is bound to a contract; the state form covers this. The 2024 law requires agents to obtain the signed statement; an owner selling alone should use the same form. Official form or statute. Homes built before 1978 also need the federal lead-based paint disclosure.

How much is the transfer tax in New Jersey?

New Jersey's state transfer tax is not one flat rate, usually paid by the seller. Reduced rates apply for sellers who are seniors 62+, blind or disabled; Graduated Percent Fee applies to residential sales over $1,000,000. Official source.

Who pays the transfer tax in New Jersey?

In New Jersey it's usually paid by the seller. Custom isn't law: the purchase contract can say who pays.

What paperwork do I need to sell my house without a realtor in New Jersey?

Usually the Seller's Property Condition Disclosure Statement (NJ Division of Consumer Affairs, includes flood section); a written purchase agreement; a bargain and sale deed with covenant against grantor's acts; the lead-based paint disclosure if the home was built before 1978; Smoke alarm, carbon monoxide alarm and portable fire extinguisher certificate from the local fire official required before sale or transfer (N.J.A.C. 5:70-2.3); Many municipalities also require a Certificate of Occupancy or resale inspection before closing; fees and rules vary by town; Three-business-day attorney review period applies to the standard contract; either party may have a lawyer review and disapprove. The title company or attorney prepares the closing documents and records the deed.

How much do you save selling a house without a realtor in New Jersey?

On a $400,000 sale, a 5–6% commission is $20,000–$24,000. If you still pay the buyer's agent, you save the listing side, about $10,000–$12,000.

Sources

General information, not legal advice. Rules change and counties add their own; check with a New Jersey real estate attorney or title company before you sign anything. Last checked October 20, 2026.

Compare all states: attorney rules, disclosure and transfer tax →