By Eric Berman, REALTOR® | The Eric Berman Team at Compass
TL;DR:
The specific FSBO process on Long Island has 10 sequential steps, and following the sequence matters. First, confirm FSBO is right for your specific scenario (NAR data shows FSBO homes sell 15-20% below agent-assisted). Second, establish accurate pricing without OneKey MLS access using multiple AVMs and public sale records. Third, prepare the home for professional photography and showings. Fourth, hire a NY real estate attorney (mandatory — NY is an attorney state). Fifth, complete the Property Condition Disclosure Statement (PCDS is mandatory since March 20, 2024 — no $500 credit alternative). Sixth, decide on buyer's agent compensation per post-Sitzer/Burnett framework. Seventh, choose flat-fee MLS service ($200-$1,000+) or Zillow FSBO for exposure. Eighth, handle showings with substantive buyer screening and safety planning. Ninth, negotiate offers and coordinate inspections. Tenth, work with your attorney through contract and closing. For the substantive comprehensive FSBO framework covering whether FSBO makes sense for your situation, the FSBO framework guide covers the fuller picture including alternatives.
Step 1: Confirm FSBO Is Right for Your Specific Scenario
Before starting the FSBO process, honestly evaluate whether FSBO makes sense for your specific situation. This step matters because the FSBO process is substantial work with meaningful trade-offs.
The NAR data. FSBO homes typically sell for 15-20% less than agent-assisted homes for similar properties. For a $1M Long Island home, that's a $150,000-$200,000 price gap. The commission math generally doesn't work when the goal is saving on commission.
When FSBO can work. Buyer already identified (family, neighbor, off-market inquiry). Substantially unique property where standard marketing doesn't apply. Substantial real estate transaction experience. Willing to accept the price gap for specific non-commission reasons (privacy, speed, control).
The alternatives. Post-Sitzer/Burnett listing agent fee negotiation (fees genuinely negotiable, sometimes 1.5-2%). Flat-fee MLS services ($200-$1,000+ for MLS syndication without full agent). These alternatives often produce better net outcomes than pure FSBO.
The comprehensive framework. The comprehensive FSBO framework guide covers whether FSBO makes sense for your specific situation in substantive detail. If you're uncertain, that guide is the right starting point before the sequential process below.
If you've decided FSBO is right for your situation: proceed to Step 2.
Step 2: Establish Accurate Pricing Without OneKey MLS Access
Pricing is the highest-leverage decision in the FSBO process. Getting it wrong produces meaningfully worse outcomes than agent-assisted sales.
The OneKey MLS access limitation. Direct access to OneKey MLS requires a real estate license. Without it, you're working from public records, AVM estimates (Zillow, Redfin, Realtor.com), and whatever comparable sale data you can find on Zillow's recently-sold data or through public county records.
Use multiple AVM sources. Zillow Zestimate, Redfin Estimate, Realtor.com Estimate, and Chase Home Value Estimator all produce different numbers. Averaging across multiple sources produces meaningfully more accurate estimates than any single AVM. For typical Long Island homes, AVMs are accurate to within ~5%; for distinctive properties, AVMs can miss by 10-20%+.
Analyze public sold data. Zillow's recently-sold section provides public sale data. Focus on comparable properties: similar size, similar year built, similar area, similar condition, sold within last 3-6 months. Aim for 5-8 substantive comparables.
Consider a paid CMA. Some real estate professionals will provide a paid CMA ($100-$500) without full listing engagement. This provides substantially more accurate pricing than AVMs.
The overpricing risk. FSBO sellers commonly overprice based on aspirational math ("saving commission means I can price higher"). Buyers don't care about your commission math — they compare your price to actual market value. Overpricing produces the same sit-and-reduce pattern as agent-assisted homes, but you also don't have marketing infrastructure to overcome the pricing error.
For substantive pricing methodology, the Long Island pricing methodology guide covers substantive comp analysis framework.
Step 3: Prepare the Home for Photography and Showings
Preparation drives buyer interest more than most FSBO sellers realize.
Professional photography is essential. Amateur phone photos produce substantially worse online interest than professional photography. Budget $400-$1,000 for professional real estate photography. Some photographers offer drone footage and video walkthrough packages ($800-$1,500+).
Basic preparation before photography. Deep cleaning throughout, decluttering aggressively (remove 30-50% of items from view), depersonalizing (remove family photos, religious items, personal collections), painting main living areas in neutral colors ($1,500-$3,000 DIY), and updating dated light fixtures ($200-$800).
Kitchen and primary bedroom priority. Kitchen and primary bedroom drive most buyer decisions. Clear counters completely, deep clean everything, fresh flowers or greenery. Primary bedroom: neutral bedding, symmetric side tables, minimal personal items.
Curb appeal matters. Power washing ($200-$500), landscape refresh ($200-$800), front door refresh ($100-$300 DIY paint), house numbers and mailbox updates ($200-$400). The listing photo is nearly always the front exterior — first impression matters.
Address obvious issues. Broken items, deferred maintenance visible during showings, leaks, dated fixtures. Small investments here often prevent inspection issues later.
For substantive preparation framework, the staging guide and curb appeal guide cover substantive execution framework.
Step 4: Hire the NY Real Estate Attorney (Mandatory)
NY is an attorney state. All NY real estate transactions require attorney coordination regardless of listing agent involvement.
Hire before listing. Attorney should be engaged before you begin marketing. They'll help with disclosure requirements, contract preparation, and initial process framework.
Attorney fee framework. NY real estate attorney fees typically run $1,500-$3,500+ for standard residential transactions. Complex transactions (nonresident withholding, unusual property issues, second mortgages) run higher. FSBO transactions don't reduce attorney fees.
Interview 2-3 attorneys. Ask about specific experience with FSBO transactions, communication style, availability, fee structure, and what's included vs. billed separately. Choose the attorney you can work with comfortably.
Attorney handles. Contract preparation and review, PCDS coordination, buyer's attorney negotiation, closing coordination, transfer tax filings, title clearance, mortgage payoff coordination, and closing document preparation.
You still drive the overall process. Attorney handles legal mechanics. You handle showings, negotiation, buyer screening, and transaction management. The attorney supports; you drive.
Step 5: Complete the PCDS Per March 20, 2024 Framework
The NY Property Condition Disclosure Statement (PCDS) framework changed meaningfully on March 20, 2024. Understanding the current framework matters.
PCDS is mandatory. Effective March 20, 2024, all NY residential sellers must complete the PCDS. The prior $500 credit alternative was eliminated. This affects every current NY residential sale including FSBO.
The 56-question form. Covers property condition, environmental conditions, and (per the March 20, 2024 amendment) seven specific flood-related questions. Recent flooding history, flood insurance requirements, FEMA flood zone status, and related disclosures.
Complete honestly. Sellers who complete the PCDS accurately have specific legal protections. Sellers who complete inaccurately or omit known conditions face substantial legal exposure. When uncertain about a specific condition, disclose rather than omit.
Work with your attorney. Attorney should review the completed PCDS before you provide it to buyers. Common questions require legal guidance — disclosure vs. non-disclosure decisions have specific legal implications.
Timing. PCDS should be complete before you start marketing. Buyers typically receive it early in the transaction. Late PCDS delivery can complicate negotiations.
For substantive framework, the Long Island paperwork guide covers PCDS and related paperwork in depth.
Step 6: Decide on Buyer's Agent Compensation
The August 17, 2024 NAR settlement changed how sellers work with buyer's agents. FSBO sellers face this decision without listing agent guidance.
What changed. Buyer's agent compensation is no longer automatically included on MLS listings. Sellers now decide whether and how much to offer.
Offering standard compensation. Standard 2-2.5% to buyer's agent maintains buyer pool access from represented buyers. Many buyers with signed representation agreements expect this compensation structure.
Offering partial compensation. 1-2% may still attract represented buyers while reducing net proceeds impact. Trade-off between buyer pool access and net proceeds.
Offering zero compensation. May narrow your buyer pool substantially. Represented buyers would need to cover their own agent's compensation out of pocket, which many won't do.
The math. On a $1M sale, 2% buyer's agent compensation is $20,000. Most FSBO sellers find that offering compensation and accessing the full represented buyer pool produces better net outcomes than offering zero and accessing only the smaller unrepresented buyer pool.
Discuss with your attorney. This is one area where the loss of listing agent guidance matters meaningfully. Attorney can help structure the specific offer terms.
Step 7: Choose Flat-Fee MLS Service or Zillow FSBO
Getting your home in front of buyers is the biggest FSBO execution challenge. Understanding the options matters.
Flat-fee MLS service. Licensed brokerage handles the OneKey MLS listing for a flat fee ($200-$1,000+). Your listing gets full syndication to Zillow, Redfin, Realtor.com, and buyer's agent networks. This addresses the biggest FSBO disadvantage.
Zillow FSBO. Free FSBO listing on Zillow. Reaches Zillow's buyer audience but doesn't syndicate to OneKey MLS or buyer's agent networks. Meaningfully narrower reach than flat-fee MLS.
Combination approach. Many FSBO sellers use both — flat-fee MLS for professional exposure plus Zillow FSBO for additional reach.
Other marketing. Yard sign, personal network (email friends, family, coworkers), social media (Facebook, Instagram), and neighborhood postings. These supplement but don't replace MLS syndication.
Research flat-fee services carefully. Long Island has multiple flat-fee options. Compare specifically what's included: MLS listing only vs. MLS listing plus contract templates vs. MLS listing plus limited support. Fee structure varies substantially.
Step 8: Handle Showings With Substantive Buyer Screening and Safety
Showings are the most time-intensive part of FSBO. Substantive framework matters.
Buyer pre-approval verification. Never show your home to buyers without verified pre-approval or cash reserve documentation. Serious buyers can produce these documents; casual browsers can't. This screening step eliminates substantial wasted time.
Safety planning. Never show your home alone to buyers you don't know. Have a family member, friend, or hired professional (some Long Island agents offer showing coordination services) present during showings. Verify buyer identity before opening the door.
Showing coordination. Set specific showing times (avoid short-notice requests from strangers). Confirm the day before. Keep a showing log with name, contact, pre-approval status, and interest level.
Property preparation before each showing. Clean throughout, turn on all lights, open curtains, adjust temperature to comfortable, remove or secure valuables and prescription medications. The showings behavior guide covers substantive framework including what to do with pets and valuables.
Consider whether to be present. Standard practice is that sellers leave for showings (buyer psychology, feedback quality, negotiation dynamics). But FSBO is different — buyers may want to ask questions the seller can answer. Consider staying quietly available (in a specific area of the home) rather than fully present or fully absent.
Security cameras and audio recording. NY is a one-party consent state for audio, but industry practice requires disclosure of recording devices. Consider disabling audio recording during showings, or disclosing recording via MLS and showing notices.
Step 9: Negotiate Offers and Manage Inspections
Negotiation is where FSBO sellers commonly lose value that would offset commission savings.
Evaluate offers substantively. Price matters but isn't the only variable. Buyer financing quality (pre-approval strength, down payment, employment stability). Contingencies (inspection, financing, appraisal, sale of buyer's current home). Timeline (contract to close, contingency removal, closing date). Earnest money amount.
Counter thoughtfully. Don't accept the first offer immediately unless it's extraordinary. Counter with substantive rationale (comparable sales, specific home features, market conditions). Multiple counter rounds are normal.
Inspection response strategy. Inspection reports typically identify multiple items. Categorize: safety issues (must address), functional issues (usually negotiate credits or repairs), cosmetic issues (typically not addressed). Don't panic over long inspection reports — most items are minor.
Common inspection negotiation. Buyer requests repair credit; you can offer partial credit, agree to complete repairs before closing, or decline. Attorney can help draft response. Substantive credit vs. repair analysis matters — sometimes credits produce better outcomes for both sides.
When to walk away. Buyers who make unreasonable inspection demands, request excessive repairs, or attempt to renegotiate after inspection may not be committed buyers. Sometimes releasing them and re-listing produces better outcomes than accommodation.
Step 10: Coordinate Closing With Attorney
The final stretch requires substantial coordination.
Contract execution. Attorney prepares contract; buyer's attorney reviews and negotiates specific terms; both attorneys negotiate final language. Timeline typically 1-3 weeks.
Contingency period. Buyer completes inspection, appraisal (if financed), title search, and mortgage commitment. You provide any requested documentation. Typical timeline 30-45 days.
Municipal compliance. Certificate of occupancy chain, oil tank documentation, smoke and CO detector certification, permit history for improvements, village-specific requirements. Attorney coordinates with municipality.
Closing preparation. Attorney prepares closing statement, coordinates payoff of existing mortgage, arranges title transfer, handles transfer tax filings. You review and sign closing documents.
The actual closing. Attorney manages closing meeting. You sign documents, receive keys transfer arrangements, receive proceeds via wire or certified check. Typical closing meeting runs 1-2 hours.
Post-closing. Cancel utilities, insurance, and any recurring charges. Provide forwarding address for tax documents. Retain closing documents for tax records (basis calculation for future returns).
A Recent Long Island FSBO Story
A recent Long Island homeowner had a specific FSBO scenario that worked — her adult son had grown up in the family home and wanted to buy it. She'd never sold a home before but the buyer was identified and committed.
She followed the specific sequential process: consulted a real estate professional for a paid CMA ($350) to establish accurate pricing at $685,000 for her Levittown Cape. Hired a NY real estate attorney ($2,400 fee quoted). Completed PCDS with attorney guidance. Since the buyer was her son who wasn't using an agent, buyer's agent compensation wasn't a factor. Skipped MLS entirely since the sale was pre-negotiated with a specific buyer.
The mechanics: attorney drafted contract, buyer's attorney reviewed, mortgage financing coordinated (son used standard financing), inspection completed by buyer for informational purposes, closing coordinated by both attorneys. Total time from decision to close: 68 days. Total FSBO cost: attorney fees ($2,400) plus paid CMA ($350) plus miscellaneous ($200) = approximately $2,950.
Her situation was specific to the pre-identified buyer scenario. She saved meaningful commission cost ($685K × 4-5% = $27K-$34K on a comparable full-service transaction) because both the marketing work and the buyer's agent compensation weren't needed. Total net benefit: approximately $25,000-$30,000 vs. traditional full-service sale.
This is the specific FSBO scenario where the math works cleanly. For sellers without a pre-identified buyer, the marketing execution and buyer's agent compensation dynamics change the math substantially. The comprehensive FSBO framework covers those dynamics in detail.
Where to Start
For Long Island homeowners committed to FSBO, follow the sequential process above. The specific order matters — attorney engagement before listing, PCDS before marketing, pricing analysis before showings, buyer screening before appointments.
The home valuation tool is a quiet way to begin the pricing conversation without commitment. The comprehensive FSBO framework guide covers whether FSBO makes sense for your specific situation before you commit to the sequential process.
For related context: the Long Island paperwork guide covers PCDS and NY-specific paperwork requirements. The Long Island pricing methodology guide covers substantive comp analysis. The staging guide and curb appeal guide cover preparation. The showings behavior guide covers substantive framework.
The honest bottom line: FSBO on Long Island has a specific 10-step sequential process. Following the sequence produces meaningfully better outcomes than winging it. First confirm FSBO is right for your scenario, then establish accurate pricing without OneKey MLS access, then prepare and photograph, hire the NY real estate attorney, complete PCDS per March 20, 2024 framework, decide on buyer's agent compensation per post-Sitzer/Burnett framework, choose flat-fee MLS or Zillow FSBO, handle showings with substantive buyer screening and safety, negotiate offers and inspections thoughtfully, coordinate closing with attorney. NAR data still shows FSBO homes typically selling 15-20% below agent-assisted — but for the specific scenarios where FSBO makes sense (pre-identified buyer, unique property, substantial experience), the sequential process produces reasonable outcomes.
FAQs
What are the specific steps to sell my Long Island home without an agent?
Ten sequential steps: (1) confirm FSBO is right for your scenario, (2) establish accurate pricing without OneKey MLS access using multiple AVMs, (3) prepare home for photography and showings, (4) hire NY real estate attorney (mandatory — NY is attorney state), (5) complete PCDS per March 20, 2024 framework (mandatory, no $500 credit alternative), (6) decide on buyer's agent compensation per post-Sitzer/Burnett framework, (7) choose flat-fee MLS ($200-$1,000+) or Zillow FSBO for exposure, (8) handle showings with substantive buyer screening and safety planning, (9) negotiate offers and manage inspections thoughtfully, (10) coordinate closing with attorney. Sequence matters — attorney engagement before listing, PCDS before marketing, pricing before showings.
How do I price my home for FSBO without OneKey MLS access?
OneKey MLS access requires a real estate license. Without it, use multiple AVM sources (Zillow Zestimate, Redfin Estimate, Realtor.com Estimate, Chase Home Value Estimator) — averaging across sources produces more accurate estimates than any single AVM. For typical Long Island homes, AVMs are accurate within ~5%; for distinctive properties, AVMs can miss by 10-20%+. Analyze Zillow's recently-sold section for 5-8 comparable properties (similar size, year, area, condition, sold within 3-6 months). Consider a paid CMA from a real estate professional ($100-$500) — substantially more accurate than AVMs. Overpricing is the most common FSBO mistake — buyers compare your price to actual market value, not your commission math.
Do I still need a real estate attorney if I'm selling FSBO?
Yes, absolutely. NY is an attorney state — all NY real estate transactions require attorney coordination regardless of listing agent involvement. NY real estate attorney fees typically run $1,500-$3,500+ for standard residential transactions. FSBO doesn't reduce attorney fees. Attorney handles contract preparation and review, PCDS coordination, buyer's attorney negotiation, closing coordination, transfer tax filings, title clearance, mortgage payoff, and closing documents. You still drive the overall process — attorney supports the legal mechanics. Hire before listing so they can help with disclosure requirements and initial process framework.
How do I get my FSBO home on OneKey MLS?
Not directly — OneKey MLS access requires a real estate license. However, flat-fee MLS services allow FSBO sellers to get MLS listing exposure. You pay a flat fee (typically $200-$1,000+) to a licensed brokerage that handles the OneKey MLS listing. Your listing gets full syndication to Zillow, Redfin, Realtor.com, and buyer's agent networks. This addresses the biggest FSBO disadvantage (limited MLS syndication reach) while preserving FSBO cost savings on listing agent commission. Zillow FSBO is a free alternative but reaches only Zillow's audience without OneKey MLS or buyer's agent network exposure. Many FSBO sellers use both.
How much can I actually save by selling without an agent on Long Island?
Post-Sitzer/Burnett, listing agent compensation runs 2-3% typically. If you also don't offer buyer's agent compensation, total commission savings could reach 4-5.5%. However, NAR data shows FSBO homes typically sell 15-20% below agent-assisted homes for similar properties — meaningfully more than commission savings. For a $1M Long Island home, that's a $150,000-$200,000 price gap vs. $40,000-$55,000 in commission savings. The math generally doesn't work when the goal is saving on commission. FSBO can produce reasonable outcomes for specific scenarios (pre-identified buyer, unique property, substantial experience) but rarely produces better outcomes than post-Sitzer/Burnett fee-negotiated listing agent representation when commission savings is the primary motivation.
By Eric Berman, REALTOR® | The Eric Berman Team at Compass
Eric Berman | Long Island & Queens Associate Broker | Compass
1468 Northern Blvd, Manhasset, NY 11030
(917) 225-8596 | eric@ericbermanre.com | theericbermanteam.com
