Can a Real Estate Agent Sell a House Without a Broker? Legal Facts, Practical Steps, and Alternatives

By Sophia MartinezLast Updated August 13, 2025

Introduction: Understanding the Role of Agents and Brokers

For many considering a home sale, the distinction between a real estate agent and a broker raises critical questions. Chief among them:
Can a licensed agent sell a house without a broker?
This article explains legal requirements, practical pathways, and the alternatives for agents and homeowners-including the increasingly popular ‘For Sale By Owner’ (FSBO) approach. We detail actionable steps, address disclosure obligations, and highlight the commission implications, providing verified guidance for those navigating property sales in today’s market.

Legal Requirements: What the Law Says About Agents Selling Without a Broker

In the United States, real estate agents must be affiliated with a licensed broker to practice real estate sales and transactions. While agents are licensed to facilitate property deals, the law requires their license to be “hung” with a brokerage . Agents cannot operate independently as brokers unless they have obtained a broker’s license themselves. [1]

However, an agent can represent themselves in the sale or purchase of their own property, provided they disclose their status as a licensee to all parties involved. Disclosure is not just ethical-it is a legal requirement in most states. [2]

Can Agents Sell Their Own Homes Without a Broker?

If you are a licensed real estate agent , you can sell your own home-but only if your license is active and affiliated with a broker. You do not need to hire another agent for representation; you may act as both the seller and the agent. Still, you must:

Disclose your license status in writing to prospective buyers before signing a sales agreement.
Follow all state laws and brokerage policies regarding self-representation.
Ensure your brokerage permits self-representation-some brokerages restrict agents from selling their own homes outside official supervision. [2]

Agents who wish to sell property not owned by themselves must do so under the supervision of their broker. Technically, only brokers can operate independently; agents require broker oversight by law. [1]

For Sale By Owner (FSBO): Selling Without an Agent or Broker

Homeowners who are not licensed agents may sell their house without an agent or broker-this is known as For Sale By Owner (FSBO) . In this scenario, the owner handles all aspects of the sale, including pricing, marketing, negotiations, and paperwork. There is no legal requirement for a real estate license if you are selling your own property. [3]

FSBO sales can save sellers the cost of the listing agent’s commission, typically around 3%. However, data shows that FSBO homes often sell for 13% less on average than those sold with an agent. [4] The trade-off is between commission savings and potentially lower sale prices or increased complexity.

Key Steps for Agents Wanting to Sell Their Own Property

If you’re a licensed agent planning to sell your own home, follow these steps:

Confirm brokerage policies: Not all brokers allow agents to sell their own property outside brokerage supervision. Check your broker’s rules.
Disclose your status: Provide written notification to all parties that you are a licensed agent representing yourself.
Comply with state laws: Each state may have unique requirements for self-representation and disclosure. Review your state’s real estate commission website for the latest regulations.
Handle paperwork: Prepare all necessary documents, such as the purchase agreement, disclosures, and closing statements. Consider hiring a real estate attorney for compliance and closing support. [5]
Coordinate with your brokerage: Some brokers require oversight or approval for self-represented deals. Ensure you meet all internal requirements.

FSBO for Non-Agents: Process and Considerations

If you are not a licensed agent and want to sell your house on your own, here’s how to proceed:

Research local laws: Every state has specific rules for property transfers. Consult your state’s real estate commission or department of real estate for up-to-date forms and requirements.
Gather paperwork: You’ll need contracts, disclosures, and closing statements. Some states require a real estate attorney to oversee the closing (e.g., Georgia). [5]
Market your property: List your home online (e.g., on Zillow, Realtor.com, or local FSBO platforms), use yard signs, and promote on social media.
Negotiate and close: Work directly with buyers, or hire a title company or attorney to facilitate closing and ensure legal compliance.

Commission Implications and Financial Outcomes

Selling without a broker or agent can result in significant commission savings. For example, Michigan sellers save an average of $7,931 on listing agent commission alone. If you also avoid paying a buyer’s agent, total savings can reach $15,680 on a median-priced home. [4]

However, FSBO homes often sell for less. National Association of Realtors (NAR) data suggests the average FSBO home sells for 13% less than agent-listed properties. [4] Many FSBO sellers already know their buyer, which can make the process easier-38% of successful FSBO sales in hot markets are direct to known buyers. [4]

Disclosure, Ethics, and Risk Management

Licensed agents representing themselves must disclose their status. Failure to do so can result in legal penalties, loss of license, or lawsuits. Disclosure is typically required before any agreement is signed and must include the agent’s relationship to the property. [2]

Brokerages may also require agents to use specific forms, carry errors and omissions insurance, or adhere to policies designed to reduce risk. Always consult your broker, state real estate commission, and, if needed, a real estate attorney to ensure full compliance.

Alternatives and Additional Pathways

If you do not wish to sell on your own, you can:

Hire a real estate agent to handle the process, marketing, and negotiations.
Use discount brokerages or flat-fee MLS listing services to save on commission while gaining some professional support.
Sell directly to an investor or cash buyer, which may offer convenience but often at a lower sale price.

To explore these options, consider searching for terms like “discount real estate brokers in [your state]”, “flat-fee MLS listing services”, or “real estate attorneys for FSBO”. Check the official state real estate commission website for licensed professionals and compliance requirements.

Practical Guidance: How to Get Started

For licensed agents:

Review your brokerage’s policies regarding self-representation.
Check state laws and required disclosures on your state’s real estate commission or department website.
Prepare all paperwork and consider legal counsel for closing.

For FSBO sellers:

Gather all necessary forms, which may be available from your state’s official real estate department.
Contact a local title company or real estate attorney for help with closing and compliance.
Market your property through established platforms like Zillow, Realtor.com, and local classified ads.

If you need official forms or compliance information, visit your state’s real estate commission website or search “[Your State] real estate commission homeowner sale guidance” for verified resources.

Key Takeaways

In summary:

Licensed agents must be affiliated with a broker to sell real estate, even for their own property.
Agents may represent themselves in a sale, but must disclose their status and comply with all laws and brokerage policies.
Homeowners may sell property independently (FSBO), but must follow local laws and handle all aspects of the sale.
Commission savings are possible, but may be offset by lower sale prices and increased complexity.

Consider your experience, market conditions, and legal requirements before deciding on the best approach. For further guidance, consult your broker, attorney, or state real estate commission.