Selling without an agent
Legal, occasionally sensible, and most defensible when you already have a buyer. What you take on is pricing, exposure, negotiation and closing coordination — and one obligation that does not soften because nobody advised you: the duty to disclose known defects under Johnson v. Davis (Fla. 1985)†.
A buyer you already have — a neighbour, a tenant, a family member, someone who approached you. In that situation you are not buying marketing, you are buying transaction management, and a closing agent plus an attorney for the contract is often the better purchase. Selling to the open market with no exposure is a different proposition entirely.
What an agent is actually being paid for
| Function | Can you do it yourself? |
|---|---|
| Pricing judgement | Partly — comparable sales are public, but reading them is a skill |
| Exposure and the buyer pool | This is the hard one, and where most FSBO sales underperform |
| Negotiation | Yes, though not from an emotionally neutral position |
| Transaction management and deadlines | Yes, with discipline |
| Knowing which Florida problems are fatal | Only if you already know |
Commission has always been negotiable, and since 2024 the paperwork has to say so — the agreement must state the amount or rate of compensation, and that broker fees are fully negotiable and not set by law†, and offers of compensation to buyer brokers may no longer be published on the MLS†. That last change matters here: what a seller contributes to a buyer’s agent is now a direct negotiation rather than something published in advance, so a private seller is negotiating the same thing everyone else is.
The obligation that does not go away
You must disclose facts you know that materially affect value and that a buyer cannot readily observe. Selling “as is” does not remove it. And the statutory flood disclosure applies as it does to any seller — a separate written document required at or before contract since 1 October 2024†, expanded from 1 October 2025† to cover damage during your own ownership.
An agent, whatever else they do, is a person whose licence depends on the disclosure being handled. Without one, nobody is prompting you — and the failure surfaces months after closing when the buyer finds what you knew about. Over-disclose, in writing, and keep a copy. It costs a negotiation; concealment costs a lawsuit after the asset that would have paid for it is gone.
What you still need to buy
- A title company or closing agent. Not optional in practice — they search, hold escrow, prepare documents and record. The premium is promulgated at $5.75 per $1,000† on the first $100,000, so it costs the same whoever is involved.
- An attorney for the contract, at least on a limited-scope basis. This is the cheapest professional purchase in the transaction and the one private sellers most often skip.
- A pre-listing inspection, arguably more important without an agent, because it tells you what you are obliged to disclose.
- A wind mitigation report. It affects the buyer’s premium and it is the cheapest thing you can hand over that makes your house easier to buy.
- An estoppel certificate if there is an association — capped at $299†, with 10 business days† to produce it.
Pricing without a market analysis
- Use the property appraiser’s records for what nearby properties actually sold for. Sales are public and this is free.
- Compare like with like — same neighbourhood, similar size, age and condition. Adjust honestly for what yours lacks, which is the part sellers find hardest.
- Consider an appraisal if the property is unusual or if a family sale needs a defensible arm’s-length figure.
- Watch how the market responds. No viewings in a functioning market is a price signal, not a marketing one.
Working with a buyer who has an agent
- Their agent works for the buyer, or is a transaction broker. Either way, not for you.
- Agree in writing what, if anything, you will contribute to their compensation, before showing the property.
- Do not let their agent draft and explain the contract to you unopposed. That is what your attorney is for.
- Say less than you think. Your deadline and your motivation are not information they need.
The honest summary
With a buyer already in hand, selling privately is straightforward and the saving is real. Selling to the open market without exposure is where most private sellers lose more in price than they save in commission — and the disclosure risk is carried in full either way. If you do it, spend some of the saving on the contract and the disclosures rather than none of it.
Related
Common questions
Can I sell my house without an agent in Florida?
Yes. It is legal, and it makes most sense when you already have a buyer. What you take on is pricing, exposure, negotiation and closing coordination — plus a disclosure duty that applies regardless.
Do I still have to disclose defects if I sell privately?
Yes, in full. The duty under Johnson v. Davis applies to every seller, selling "as is" does not remove it, and the statutory flood disclosure is required at or before contract.
What do I still need to pay for when selling without an agent?
A title company or closing agent, an attorney for the contract on at least a limited-scope basis, ideally a pre-listing inspection and a wind mitigation report, and an estoppel certificate if there is an association.
How do I price my house without an agent?
Use the county property appraiser’s public sales records for genuinely comparable properties, adjust honestly for what yours lacks, and treat a lack of viewings in a functioning market as a price signal.
Do I have to pay the buyer’s agent commission?
Not automatically, and since 2024 compensation is no longer published on the MLS — so it is a direct negotiation. Agree in writing what you will contribute, if anything, before showing the property.
The disclosure duty is common law from Johnson v. Davis; the flood disclosure is statutory under §689.302; title rates are promulgated statewide. Compensation practice changes date from the August 2024 NAR settlement. General information, not legal advice.