Can I sell my house without a real estate agent in Virginia?

Yes. Virginia lets you sell your own home without a real estate license or an agent. The licensing law exempts owners acting on property they own, under Va. Code § 54.1-2103. But selling “by owner” doesn’t remove any of the legal steps. You still owe the buyer Virginia’s disclosure statement, federal lead paint disclosures on older homes, an HOA or condo resale certificate if one applies, and a properly prepared deed.

Here’s what that work looks like, what it costs, and when it makes sense.

How common is selling by owner?

Not very, and it’s become less common. In the National Association of REALTORS® 2025 Profile of Home Buyers and Sellers, for-sale-by-owner sales were 5% of home sales nationally, a record low, for transactions between July 2024 and June 2025. FSBO homes had a median price of $360,000 versus $425,000 for agent-assisted sales. NAR itself notes that gap may reflect what’s selling by owner, such as more lower-cost and rural homes, so it doesn’t prove an agent adds a specific dollar amount. NAR also reports that selling to a friend, relative or neighbor is one of the most common reasons people go FSBO.

That’s the strongest FSBO case: you already have a buyer you trust, and you mainly need the paperwork done right.

What does Virginia require from a FSBO seller?

Requirement	Applies when	Source
Residential property disclosure statement	Most sales of homes with one to four units, with or without an agent	§ 55.1-701, § 55.1-703
Lead-based paint disclosure, EPA pamphlet and a 10-day inspection opportunity	Most homes built before 1978	EPA
Resale certificate from the HOA or condo association, plus contract disclosures	Homes in a common interest community	§ 55.1-2308
Grantor tax	Paid on the deed at recording	§ 58.1-802

The disclosure statement. Virginia’s disclosure law applies “whether or not the transaction is with the assistance of a licensed real estate broker or salesperson.” You use the Real Estate Board’s form. It’s mostly a “buyer beware” form, but you still have to disclose certain known items. Our guide to what a Virginia seller must disclose explains the form and its deadlines, and what happens if it’s delivered late.

Lead paint. For most pre-1978 homes, federal rules require you to disclose known lead-based paint and hazards, hand over the EPA’s pamphlet before the buyer signs the contract, and give the buyer a 10-day opportunity to test for lead (the buyer can waive it, and the parties can agree in writing to a different period).

HOA and condo documents. If the home is in an association, the contract has to say so, say you’re required to get a resale certificate from the association and deliver it, and explain the buyer’s cancellation rights. If the contract leaves those disclosures out, the buyer can cancel before settlement. Order the certificate as soon as you have a buyer. The association can charge fees to prepare and deliver it, and § 55.1-2316 makes the seller responsible for them.

Grantor tax. Virginia’s grantor tax is 50 cents per $500 of price, paid by the seller unless the parties agree otherwise. Our Richmond cost-to-sell guide breaks down that and other seller costs.

Who writes the contract and handles closing?

This is where most of the work is.

• The contract. Without agents, nobody on either side has a licensee preparing the purchase agreement. Many FSBO sellers hire a Virginia real estate attorney to draft or review it. A poorly written contract, with vague deadlines, missing contingencies or no HOA language, can give the buyer an easy exit or leave you in a dispute.
• The settlement agent. The buyer has the legal right to choose the settlement agent, and you can’t require a particular one, under § 55.1-1006.
• The deed. Non-lawyer settlement agents can’t draft deeds under the Virginia State Bar’s unauthorized practice rules. Virginia law specifically lets a seller hire an attorney for deed preparation and settlement advice.
• Earnest money. Without a brokerage, there’s no broker escrow account. Name a neutral holder, such as the settlement agent, in the contract. Our guide on how earnest money works in Virginia covers the basics.

What about buyers who have an agent?

Plenty of buyers who see your sign will have an agent. Virginia agents have to sign a written brokerage agreement with a client before providing brokerage services, and it must state the fee and how and when it will be paid, under § 54.1-2137. That buyer’s agent may ask you to pay all or part of their fee as part of the offer. You don’t have to agree, but it becomes one more term to negotiate alongside price, repairs and closing costs. Our explainer on Virginia buyer agent agreements shows what buyers sign.

Where FSBO sellers most often get stuck

NAR’s survey found FSBO sellers’ hardest tasks were getting the price right, preparing the home for sale and selling within their planned time. From what our team sees, a few practical gaps show up again and again:

1. Pricing from an online estimate. Automated values can miss condition, updates and lot differences. Look at recent closed sales of similar homes, not list prices.
2. No MLS exposure. Most buyers’ agents search the MLS. Without it, fewer buyers see the home.
3. Comparing offers on price alone. Financing type, appraisal terms, inspection terms and closing date all affect whether the deal actually closes. Our guide to comparing offers in Virginia shows what to weigh.
4. Managing deadlines after ratification. Inspection, appraisal, financing and HOA review periods run on the contract’s clock. Missing one can cost you leverage or the deal.

When does selling by owner make sense?

It’s most realistic when you already have a buyer, the home is simple to value, there’s no HOA or the HOA paperwork is straightforward, and you’re willing to pay a Virginia attorney to draft the contract and deed. It’s harder when you need top dollar from the open market, the home is unusual, or you’re buying another home on a tight timeline.

This article is general information, not legal advice. For questions about a specific contract, talk to a Virginia real estate attorney.

What should you do next?

If you’re weighing a by-owner sale against listing, start with what your home is likely worth. Daniel Keeton, Broker & Founder of Keeton & Co Real Estate, and our team can give you a pricing and strategy conversation so you can compare your options with real numbers. Get a home value estimate, or talk with our team about selling.