When selling your home, you begin the next chapter of your life, whether that involves moving to a larger residence, relocating to a different city, or moving in with a significant other. Whatever the reason, this transition can be overwhelming. Therefore, checking off your list of things to do, such as consulting a New York City real estate attorney when selling your home, can help expedite and smooth the process.
Bittersweet feelings aside, there are logistical concerns that must be addressed before listing your home and opening it up to potential buyers. Unless these matters are taken care of, you might find yourself feeling lost or stressed throughout the selling process, which could cause a delay in what could have been an immediate sale. One way to optimize efficiency and reduce anxiety when selling your home is to hire a real estate lawyer. A skilled lawyer can provide valuable guidance and ensure that all necessary steps are addressed. They can review contracts, determine who is responsible for paying the closing costs, and handle any legal issues that may arise during the sale.
In addition to hiring a skilled New York City real estate attorney, consider these 7 steps when selling your home:
1. List At The Right Price For Your Property
Listing a home at an inappropriate price point can result in either a poor impression and reduction in foot traffic or an immediate sale that could have produced a greater profit for the seller if he or she had sought advice to better gauge the estimated value.
Sellers who want to avoid a listing commission can publish an owner listing on ForSaleByOwner.com, FSBO.com, Zillow’s FSBO portal, or StreetEasy (NYC). That said, a knowledgeable agent who knows your micro-market can help you arrive at a realistic asking price using recent comparable sales and the current competition. Early exposure matters because listings typically get their highest engagement in the first days and weeks; overpriced homes often miss that window and take longer to sell.
2. Keep Your Home Clean
Nobody likes walking into a home filled with dirty dishes in the sink and overflowing trash cans. Taking time to clean your apartment and create a decorative, warm and polished atmosphere for potential buyers will make your home appear more valuable. Clean the house and declutter. Thin out the closets, so that prospective buyers don’t think you are sparse in roominess and storage. Keep surfaces clean and sparkling.
While having a few family photos, such as a picture frame on a nightstand or on a coffee table next to a flower vase, could be a nice, homey touch that will welcome buyers into your home, overwhelming them with personal details will dissuade them from being able to envision themselves living in the space and creating new memories. Keep a few pieces, but consider putting some clothing, memorabilia, and family trinkets in storage. Also, if you have a pet, remove any litter boxes and chew toys, as they can decrease your home’s appeal.
3. Take Professional Photos
It might be a wise decision to take professional photos and floor plans of your home before listing it. Most buyers are looking at photos of the properties on the Internet, and the pictures are what draw them in. The little details in these photos can really make or break a buyer’s appeal and a seller’s ability to sell the property fast.
If you are listing on your own, work with a photographer to create the best angles, lighting, and other manipulations to create beautiful pictures. Some brokerage firms suggest not posting bathroom pictures as part of your listing. If you are working with a broker, make sure they’re detail-oriented and have a good eye. Ask your broker to review shots with the photographer so nothing distracting ends up in frame. You need to check that there is nothing unsightly in the photo, such as a wastepaper basket, a reflection in a mirror, or a wrinkled bedspread. It’s okay to be picky in order to make the pictures just right.
4. Stage Your Home
Sometimes, it is necessary to bring in a professional stager. If the apartment is empty and not in the best condition, it will look larger and better when it is staged. Contrary to what one would think, spaces appear larger when furnished than unfurnished.
Staging also enables prospective purchasers to see how a room can be set up and how furniture can be properly placed to brighten the room and complement home accessories. If the apartment is already furnished, and it is priced right, you can also hire a stager to make subsequent adjustments, such as moving around or removing existing furniture, adding in or changing decorative pillows and artwork, and manipulating lighting. To play with lighting, you can take down drapes, wipe the windows, upgrade wattage to further brighten the room, and change lampshades to exude a sunnier, happier ambiance.
5. Be Informed Of Any Complications Early On
It’s important to know your legal and financial history from when you purchased the home and to relay that information to your broker, if you are using one, in order to create an easy and efficient sale. For instance, be clear on where you stand regarding property liens, neighborly disagreements, and any other home disputes that might interfere with your ability to sell. If you are selling property owned by an estate, make sure you involve the estate’s attorney early to avoid delays once your offer is accepted. Look for advice on how to handle these matters prior to putting your home on the market, as you want those initial two weeks to be hassle-free.
If you’re selling a 1–4 family home in New York, note that since March 20, 2024, sellers must deliver the state’s Property Condition Disclosure Statement (PCDS); the old option to give a $500 credit instead has been eliminated.
6. Consider Closing Expenses
When selling your home in New York City, typical seller closing costs (including broker commission and transfer taxes) often total about 8%–10% of the sale price. Knowing the major components in advance helps you budget and prevents last-minute surprises.
Common NYC seller costs include broker commission, NYC & NYS transfer taxes (generally 1.4%–2.075% combined, depending on price), seller’s attorney fees, building/co-op fees, UCC-3 termination and payoff/recording fees (if you have a co-op loan), and any flip tax or agreed-upon repairs/credits. Nonresidents of New York State may also owe NYS nonresident estimated income tax at closing (Form IT-2663 for real property or IT-2664 for co-ops). FIRPTA withholding (generally 15%) applies only when the seller is a foreign person under federal law. Note that Eagle 9 co-op title insurance is typically a buyer-side protection, not a seller expense.
7. Fashion A Team To Help Sell
When putting your home up for sale, it’s important to create a team of people who can help guarantee that the process runs smoothly and safely, as it’s hard to sell a home on your own! Fashioning a team of a real estate attorney, an accountant, a tax professional, a real estate agent, a photographer, an interior designer, and even an organizer or cleaning service can give you access to immediate and valuable assets. Whether you choose to work with all of these professional services or just pick two or three from the bunch, knowing that you have solid relationships in place can take the pressure off this major life transition.
If you are using a broker to assist in selling your home, look to the agent for advice on market prices and competition within your neighborhood so that you can be informed about where your home’s value relatively stands and expectant of what is to come. You’ll close sales with greater confidence and ease when you recognize your team is here to guide and support you through this change.
| Steps to Consider When Selling Your Home | Description |
|---|---|
| List At The Right Price | Consult with a knowledgeable agent to determine the appropriate listing price based on market comparisons. |
| Keep Your Home Clean | Ensure your home is clean, decluttered, and free from personal items to make it more appealing to potential buyers. |
| Take Professional Photos | Consider hiring a photographer to capture high-quality images of your home, focusing on details and angles. |
| Stage Your Home | Utilize professional staging to enhance the appearance of your home, making it more inviting and spacious. |
| Be Informed Of Any Complications | Know your legal and financial history related to the property and share this information with your broker. |
| Consider Closing Expenses | Understand and prepare for potential closing expenses, including various fees and taxes associated with the sale. |
| Fashion A Team To Help Sell | Assemble a team of professionals, including a real estate attorney, agent, photographer, and others, to assist in the sale process. |
New York City Real Estate Attorney – Sishodia PLLC.
Natalia A. Sishodia, Esq., LL.M.
Natalia Sishodia is a New York City real estate attorney known for meticulous planning and “stress-free” closings. Fluent in English and Russian, she represents a global clientele, from the U.S. to Europe, Asia, and the Middle East, including high-net-worth individuals, celebrities, businesses, and major mortgage lenders.
Her practice spans every stage of high-end property deals: condo and co-op purchases and sales, single- to multi-family transactions, new developments and conversions, deed transfers, leasing, lending, and 1031 exchanges. Beyond transactions, she counsels private clients on multijurisdictional wealth management, cross-border tax and estate planning, and strategies for individuals, businesses, and trusts.
Clients also turn to Ms. Sishodia for elder law and comprehensive estate planning—from simple wills to sophisticated trusts, including plans for digital assets and cryptocurrency. Committed to service, she’s contributed at the U.N. (DESA and the Convention on the Rights of Persons with Disabilities), supports community legal education, and works with Travelogion. Her honors include the Award for Outstanding Achievement in International Law and Avvo Client’s Choice; she is admitted in New York.
Review Your Listing Agreement and Commission Terms
Review your listing agreement and commission terms before you sign. Focus on the listing type, the commission rate, the trigger for earning the commission, and the handling of expenses and terminations. In New York, an Exclusive Right to Sell means you pay the commission if the property sells during the listing period, regardless of who finds the buyer. An Exclusive Agency lets you sell on your own without paying the fee, but you owe it if any broker brings the buyer.
Commission is not only about the percentage. Check what event earns it. State guidance says the contract controls and a commission may be due once a ready, willing, and able buyer is produced, or at contract signing, or at closing, depending on the terms. Ask how the commission is split with cobrokers and how a buyer’s agent will be compensated.
As of August 17, 2024, NAR’s nationwide rule changes prohibit offers of buyer-agent compensation on the MLS, and many markets now require written buyer-broker agreements; in NYC, REBNY began requiring signed buyer agreements on January 13, 2025. Spell out in your listing who (if anyone) will pay a buyer’s agent and when.
Review the term, holdover period, and early termination rights. Clarify who pays for photography, staging, or advertising if you pause or withdraw the listing. Confirm the agency disclosures you will sign and what dual agency means for your confidentiality and negotiations.
An NYC real estate attorney can mark up the agreement, negotiate commission triggers and carve-outs for prior prospects, align the term to your timeline, and flag one-sided indemnities and out-of-pocket costs. You get a clear, workable contract that supports your sale rather than surprises you later.
What Not to Say When Selling a House?
When selling your house, it’s important to be cautious with your words to avoid reducing your home’s appeal or creating legal issues. Here are some statements you should steer clear of:
“Our home is in perfect condition.” Avoid stating that the house is free of faults. No home is without its flaws, and claiming otherwise can lead to issues after the home inspection reveals inevitable issues.
“We’ve never encountered any problems with [insert household item here].” It’s best to avoid absolutes about the condition of appliances or systems. You might inadvertently contradict what an inspection uncovers, leading to potential doubts or legal issues.
“The property has been listed for…” Buyers have access to this information through listing services and market analysis. Discussing how long the house has been for sale might give buyers leverage to negotiate down the price, or worse, make them wonder why it hasn’t sold yet.
“We invested significantly in…” Buyers are primarily interested in how the home meets their needs, not the cost of your upgrades. High investment in specific renovations doesn’t necessarily increase the home’s value to others.
“This is the final price.” Setting an absolute limit on price can appear inflexible and deter negotiation. Buyers might feel there’s no room to negotiate, which could discourage them from making an offer.
Always aim for openness and flexibility in discussions, focusing more on the potential and benefits of the home rather than its past and costs. This approach not only makes your home more appealing but also invites genuine interest from potential buyers.
How Much Do You Lose Selling A House As Is?
Selling a house “as is” is a significant option for homeowners who lack the time or financial means to invest in repairs and upgrades before selling. Opting for an “as is” sale can save you money since you won’t need to undertake any repairs. However, it’s important to be prepared for the fact that you may have to sell your home at a price below its fair market value.
The primary disadvantage of selling your house “as is” is the potential need to accept a lower selling price. The extent of this price reduction can vary, but it could result in a significant decrease in your home’s overall value. Determining the exact figure for what “as is” sellers might lose during a sale is challenging, as it depends on your property’s condition and the dynamics of the local real estate market.
If your goal is a quick sale and you are comfortable with a lower selling price, then selling “as is” might be the right choice for you. You might consider an “as is” sale in scenarios where you need to relocate quickly for personal reasons, such as a job transfer, or when your home requires substantial repairs that you lack the time or funds to address.
Selling a house “as is” might result in unexpected financial setbacks and legal troubles. At Sishodia PLLC, our New York City real estate attorneys provide guidance for the process of selling a house “as is” and work to safeguard your interests. We can assist you in reducing your losses, negotiating effectively, and maintaining a smooth “as is” sale that complies with local regulations. Contact us today to schedule a consultation.
Can I Take My House Off Market at Anytime
It’s not uncommon for homeowners to have second thoughts about selling their homes, especially if they’ve invested a lot of time, effort, and emotional attachment into them. This attachment can even become more apparent when potential buyers show interest in buying your house.
As the owner, you have the right to remove your house from the market whenever you want. If you’re selling the house on your own, you can take down the listing from all advertising platforms, but you might not be able to recover any marketing costs. If you’re working with a real estate agent, you’ll need to adhere to the contract terms. Canceling the agent’s contract and then listing the property with another agent might result in early termination fees and other penalties, depending on the resources and time the agent has already invested in your listing.
However, if you’ve already signed a contract with a buyer and are reconsidering, canceling the contract can be a challenge. It’s crucial to consult with a skilled real estate attorney before taking any steps to review the contract and help you understand your choices. Our skilled New York real estate attorneys at Sishodia PLLC can assist you in evaluating the potential consequences of canceling the contract and determining any legal grounds for doing so.
For more information, please contact Natalia Sishodia, Sishodia PLLC, or email natalia@sishodialaw.com.
