You do not need a realtor to buy a house. No federal or state law requires a buyer to hire a real estate agent, and you can legally negotiate directly with a seller, sign the purchase contract, and close on your own. The tradeoff is that every responsibility an agent would normally carry — pricing the property, drafting or reviewing the contract, tracking contingency deadlines, coordinating inspections, and getting to a clean closing — falls on you. A 2024 industry settlement also changed how buyer-agent commissions work, which affects the money side of the decision.
What the Law Actually Requires
A home purchase is a private contract between buyer and seller. No federal statute puts an agent in the middle of it, and states do not require buyers to be represented either.
The one legal line to respect is the boundary between filling in a standard purchase contract and practicing law. Drafting custom legal provisions, interpreting title documents, or advising the other party on their legal rights without a license can violate state unauthorized-practice-of-law rules, with penalties ranging from fines to misdemeanor charges. Sticking to standard forms and leaving legal interpretation to a licensed attorney keeps you on the right side of that line.
Roughly a dozen states require or strongly encourage a licensed attorney to supervise or conduct the closing itself. In those states, an attorney typically reviews the deed, oversees the title search, and confirms documents are properly executed and recorded. Even where attorney involvement is not required, hiring one is worth considering when you do not have an agent, especially to review the purchase agreement and confirm the title is clear. Attorney fees for a routine residential closing generally run about $500 to $1,500, more for complex or high-value deals.
How the 2024 Commission Change Affects Unrepresented Buyers
A settlement between the National Association of Realtors and a group of home sellers took effect on August 17, 2024, and changed the commission structure in two ways that matter to buyers.
Offers of buyer-agent compensation are no longer permitted on Multiple Listing Service platforms. Sellers can still offer to pay a buyer’s agent outside the MLS, and they can offer buyer concessions on the MLS such as credits toward closing costs, but the automatic bundling of buyer-agent pay into the listing is gone.1National Association of REALTORS®. What the NAR Settlement Means for Home Buyers and Sellers Any agent who participates in the MLS must also have a written buyer agreement in place before touring a home with you, in person or virtually, and that agreement has to state the exact amount or rate the agent will be paid rather than a range.2National Association of REALTORS®. Consumer Guide to Written Buyer Agreements
If you skip an agent entirely, you sign no buyer agreement, you owe no commission, and the seller has no obligation to pay a buyer’s agent unless they have separately agreed to. That can be leverage. Where the seller expected to pay a buyer-side commission and none is owed, there may be room to negotiate a lower price or ask for a credit toward your closing costs.
What You Give Up Without an Agent
The biggest risk is that no one in the transaction has a legal duty to protect your interests. The seller’s listing agent owes loyalty to the seller. Their job is to get the best price and terms for the seller, not for you. Without your own representative, you are the one evaluating fair market value, reading the disclosures for red flags, and negotiating every term.
If you contact the listing agent directly, they may ask to work with you as a dual agent or transaction broker. In dual agency, one agent represents both sides, which means the agent cannot advocate for either party over the other. Both buyer and seller must consent in writing, and a handful of states ban the arrangement outright. Even where it is legal, dual agency removes the one-on-one advocacy a dedicated buyer’s agent would provide. Before signing anything, confirm in writing whether the listing agent is acting as the seller’s agent only or is proposing dual agency.
Contract mistakes are the other place unrepresented buyers get hurt. Misreading a contingency deadline, waiving an inspection right you meant to keep, or accepting vague repair language can cost thousands of dollars or forfeit your earnest money. At a minimum, consider paying a real estate attorney to review the purchase agreement before you sign.
What You Have to Handle Yourself
The Purchase Agreement
The purchase agreement is the binding contract between you and the seller. It has to include the property’s legal description (found on the current deed or county tax records), the purchase price, the earnest money amount, the proposed closing date, and both parties’ names. Blank standard-form contracts are available through state real estate commission websites and online legal service providers. An error in the legal description or a misspelled name can delay or derail closing, so accuracy matters.
Earnest Money
Earnest money is the deposit that shows the seller you are serious, typically 1% to 3% of the purchase price, sometimes more in competitive markets.3National Association of REALTORS®. Earnest Money in Real Estate: Refunds, Returns and Regulations A neutral third party — usually a title company, escrow company, or attorney — holds the funds until closing or until the deal falls through.4National Association of REALTORS®. Consumer Guide: Escrow and Earnest Money Never deposit earnest money directly into a seller’s personal account.
Contingencies
Contingencies are clauses that let you back out or renegotiate if certain conditions are not met. Three matter most for an unrepresented buyer:
- An inspection contingency gives you a window, typically 7 to 10 days after acceptance, to hire a professional inspector and act on the results. If problems surface, you can negotiate repairs, request a price reduction, or walk away with your earnest money.
- An appraisal contingency protects you if the property appraises for less than the agreed price. Your lender generally will not lend more than the appraised value, and this clause lets you renegotiate or cancel without penalty.
- A financing contingency lets you withdraw if your mortgage application is denied.
Each contingency needs a specific deadline. Vague language like “reasonable time” invites disputes, and missing a deadline usually waives the right.
Disclosures
Most states require the seller to complete a property disclosure form listing known defects in the roof, foundation, plumbing, electrical, or environmental conditions. For any home built before 1978, federal law requires the seller to disclose known lead-based paint or lead hazards and to provide an EPA-approved information pamphlet. You also get at least 10 days to conduct a lead inspection before becoming bound by the contract, unless you and the seller agree to a different timeframe.5Office of the Law Revision Counsel. 42 USC 4852d – Disclosure of Information Concerning Lead Upon Transfer of Residential Property The contract itself must contain a Lead Warning Statement signed by both parties.6eCFR. 40 CFR Part 745 Subpart F – Disclosure of Known Lead-Based Paint Hazards Upon Sale or Lease of Residential Property
Proof You Can Pay
Sellers want evidence you can actually close. If you are financing, get a mortgage pre-approval letter from a lender before making offers.7Consumer Financial Protection Bureau. Get a Preapproval Letter If you are paying cash, a recent bank statement or a proof-of-funds letter from your bank serves the same purpose. Attach it to your offer.
Costs You Still Owe
Skipping a buyer’s agent does not eliminate closing costs. Buyer closing costs generally run 2% to 5% of the purchase price. On a $350,000 home, that is roughly $7,000 to $17,500 on top of the down payment. The main categories:
- Loan origination fee, charged by your lender for processing the mortgage, often 0.5% to 1% of the loan amount.
- Appraisal fee for the professional valuation your lender requires.
- Home inspection, typically $300 to $500 for a standard single-family home. Add-ons for radon, mold, or sewer lines are extra.
- Title search and title insurance. The search confirms there are no outstanding liens or ownership disputes. Your lender will require a lender’s title insurance policy that protects only the lender. An owner’s title insurance policy protects your equity against claims that predate your purchase, such as a prior owner’s unpaid debts, undisclosed heirs, or recording errors; it is optional but strongly recommended, and the one-time premium lasts as long as you own the property.
- Attorney fees, $500 to $1,500 for a routine transaction if you hire one.
- Recording fees, charged by the county to record the deed and mortgage.
- Prepaid costs. Your lender may require you to prepay homeowner’s insurance, property taxes, and mortgage interest through the end of the closing month.
Some of these are negotiable. You can shop title insurance providers, and you can ask the seller to contribute toward closing costs in the purchase agreement, particularly when no buyer-agent commission is owed.
Moving Through the Transaction
Deliver your signed purchase agreement to the seller or listing agent, in writing. The seller may accept, reject, or counter. Every counter has to be in writing; verbal agreements are hard to enforce. When both parties sign the same version, you have a binding contract.
Once the contract is executed, hire a licensed home inspector and use the inspection contingency to negotiate repairs or a price reduction if the report reveals problems. Your lender will separately order an appraisal, and if it comes in below the purchase price, the appraisal contingency lets you renegotiate.
A title company or attorney searches public records to confirm the seller owns the property and that no liens, judgments, or other claims cloud the title. Once the search is clear, the title company issues a title insurance commitment. This is typically your only opportunity to buy an owner’s policy, so decide before closing.
If you are financing, your lender must give you a Closing Disclosure — a detailed breakdown of every loan cost — at least three business days before closing. Compare it against the Loan Estimate you received earlier.8Consumer Financial Protection Bureau. TILA-RESPA Integrated Disclosure FAQs If key terms change afterward, such as a significant APR increase or the addition of a prepayment penalty, the lender must issue a corrected disclosure and a new three-business-day waiting period begins. Errors here can cost you over the life of the loan, so do not skip the review.
Walk the property within 24 hours of closing to confirm the home is in the agreed condition, negotiated repairs are done, and the seller has moved out. At closing, held at the title company’s office, an attorney’s office, or sometimes remotely, you sign the deed, mortgage note, and loan disclosures. The title company or attorney disburses funds, pays off any existing mortgage, and handles recording. Once the deed is recorded, you get the keys.9Freddie Mac. Closing Your Loan