FSBO Sales Are Rare — and Getting Rarer
For-sale-by-owner transactions accounted for just 5% of U.S. home sales in 2025, according to the National Association of REALTORS®' 2025 Profile of Home Buyers and Sellers — down from a then-record low of 7% the year before, and a fraction of the roughly one-in-four sales that were FSBO in the mid-1990s. The long-term trend is clearly downward, largely because pricing, marketing, and negotiating a home sale correctly is more complicated — and more legally exposed — than it looks.
Nevada's Disclosure Law Applies Whether or Not There's an Agent
Under NRS 113.130, every Nevada home seller — FSBO or represented — must deliver a completed Seller's Real Property Disclosure form to the buyer at least 10 days before closing. Selling "as-is" does not remove this requirement; the form still has to be completed and delivered. If a seller knowingly omits a material defect, NRS 113.150 allows the buyer to pursue treble damages plus attorney's fees and costs. This is one of the biggest — and most overlooked — risks in a FSBO transaction on either side of the deal.
A Middle Path: Flat-Fee MLS
Sellers who want MLS exposure — so their listing syndicates to Zillow®, Realtor.com®, and other major portals — without paying a full listing commission can use a flat-fee MLS service. In the Las Vegas market these commonly run in the $149–$499 range as a one-time cost, rather than a percentage-based commission. It's worth understanding this option even if you ultimately decide a full-service listing agent is a better fit for your situation.
Where a Buyer's Agent Fits In
If you're house-hunting and come across a FSBO listing, you can still bring your own buyer's agent to represent you — reviewing the seller's disclosure, helping arrange an independent inspection, and negotiating price or repairs on your behalf. This typically costs you nothing directly; compensation is agreed upfront in a written Buyer Broker Agreement, standard practice since the 2024 NAR settlement.
General information only, not legal advice. Nevada disclosure law and MLS pricing can change — confirm current requirements with a Nevada-licensed attorney or real estate professional. Zillow and Realtor.com are registered trademarks of their respective owners; this page is not affiliated with either. Contact Dr. Jan Duffy to discuss your specific situation.
