How to sell your house by owner in New York
For sale by owner (FSBO) in New York, without a realtor · rules checked · sources
- Attorney at closing
- Customary, not required
- Seller disclosure
- Required
- State transfer tax
- 0.4%
No law makes you hire an attorney in New York, but most closings there use one. New York sellers must give buyers the Property Condition Disclosure Statement (PCDS) (N.Y. Real Property Law Art. 14, 462). New York's state transfer tax is 0.4%, about $1,600 on a $400,000 sale, usually paid by the seller.
General information, not legal advice. Rules change and counties add their own; check with a New York real estate attorney or title company before you sign anything. Last checked October 20, 2026.
New York transfer tax and savings calculator
- State transfer tax (0.4%)
- $1,600
- 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. Uses the base state rate of 0.4%. Full rule: $2 per $500 of consideration (0.4%) state transfer tax. 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 York
- 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.
- Fill in the Property Condition Disclosure Statement (PCDS) now. New York requires it (N.Y. Real Property Law Art. 14, 462); buyers should get it before they sign. Get the official form.
- 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.
- 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.
- 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.
- Book a closing attorney. Closings in New York usually happen at an attorney's office, even though it isn't strictly required.
- 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 York seller disclosure
New York requires sellers to disclose the home's known condition in writing on the Property Condition Disclosure Statement (PCDS) (N.Y. Real Property Law Art. 14, 462). Give it to the buyer before they sign the purchase agreement: a late or missing disclosure can let the buyer cancel or sue.
Sellers of 1-4 family homes must deliver a signed Property Condition Disclosure Statement to the buyer before the buyer signs a binding contract. Since March 20, 2024 the old $500-credit alternative no longer lets a seller skip the form, and the form now includes flood questions.
Property Condition Disclosure Statement (PCDS) (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 York transfer tax
New York charges a real estate transfer tax when the deed is recorded: a base rate of 0.4% of the price, $1,600 on a $400,000 sale. The full rule: $2 per $500 of consideration (0.4%) state transfer tax. By custom it's usually paid by the seller, but the purchase contract can split it differently.
Local taxes: NYC has its own real property transfer tax paid by the seller; some cities such as Yonkers also add local taxes. A 'mansion tax' of 1% on residential sales of $1M or more is paid by the buyer.
Paperwork for selling a house without a realtor in New York
Sellers in New York 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:
- Form TP-584 (transfer tax return) is filed with the county clerk (NYC uses TP-584-NYC) within 15 days of deed delivery
- Signed disclosure statement must be attached to the contract of sale
Attorneys on both sides are standard and most lenders and title insurers expect one, though no law requires it for ordinary sales. The disclosure form is mandatory; verify the current form and the credit repeal on the Department of State site.
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 York?
Yes. No state requires a real estate agent to sell your own home. No law makes you hire an attorney in New York, but most closings there use one. The steps are on this page.
Do I need a lawyer to sell my house in New York?
Not by law. No law makes you hire an attorney in New York, but most closings there use one. Paying one to review the purchase contract is cheap insurance.
Are seller's disclosures required in New York?
Yes. New York sellers must give buyers the Property Condition Disclosure Statement (PCDS) (N.Y. Real Property Law Art. 14, 462). Sellers of 1-4 family homes must deliver a signed Property Condition Disclosure Statement to the buyer before the buyer signs a binding contract. Since March 20, 2024 the old $500-credit alternative no longer lets a seller skip the form, and the form now includes flood questions. Official form or statute. Homes built before 1978 also need the federal lead-based paint disclosure.
How much is the transfer tax in New York?
New York's state transfer tax is 0.4%, about $1,600 on a $400,000 sale, usually paid by the seller. NYC has its own real property transfer tax paid by the seller; some cities such as Yonkers also add local taxes. A 'mansion tax' of 1% on residential sales of $1M or more is paid by the buyer. Official source.
Who pays the transfer tax in New York?
In New York 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 York?
Usually the Property Condition Disclosure Statement (PCDS); 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; Form TP-584 (transfer tax return) is filed with the county clerk (NYC uses TP-584-NYC) within 15 days of deed delivery; Signed disclosure statement must be attached to the contract of sale. 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 York?
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. The $1,600 state transfer tax is due either way.
Sources
- tax.ny.gov/bus/transfer/rptidx.htm · checked
- tax.ny.gov/pdf/current_forms/property/tp584i.pdf · checked
- cuddyfeder.com/amendment-to-the-property-condition-disclosu… · checked
- nysenate.gov/legislation/bills/2023/S5400 · checked
- aronowlaw.com/practice-areas/real-estate-closings/ · checked
General information, not legal advice. Rules change and counties add their own; check with a New York real estate attorney or title company before you sign anything. Last checked October 20, 2026.
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