8 Situations Where You Probably Don't Need a Buyer's Agent
The NAR settlement changed one thing above everything else: for the first time, many Tennessee buyers are seeing the buyer's agent commission as a line item they may have to pay out of pocket. In Tennessee, that averages 3.10%: roughly $12,109 on a median-priced home.4
Most buyers still hire an agent. Eighty-eight percent did in 2025, and for many of them, that was the right call.3 But a Rice University study published in late 2025 found that unrepresented buyers increased by approximately 2 percentage points nationally after the settlement took effect, concentrated in situations where buyers had the tools, experience, or deal structure to navigate without one.1,2
This isn't an anti-agent argument. It's a checklist. If your situation matches one or more of the 8 below, you may have everything you need to close successfully without paying a full buyer's agent commission. And going unrepresented doesn't mean going unprotected, attorneys, flat-fee services, and your own research fill the gap.
The New Financial Reality: What's Actually at Stake
Before getting into the situations, it helps to see the real dollar stakes for Tennessee buyers. Tennessee is also one of only 10 states where buyer agent commission rebates are illegal: meaning you can't hire an agent and get money back at closing. It's full commission or no agent.4
Here's what a 3.10% buyer's agent commission costs across Tennessee's major markets, compared to the attorney alternative:
| Home Price | Buyer's Agent (3.10%) | Attorney Alternative |
|---|---|---|
| $185,000 (Memphis median) | $5,735 | $750–$1,250 |
| $301,000 (Knoxville median) | $9,331 | $750–$1,250 |
| $390,600 (TN statewide median) | $12,109 | $750–$1,250 |
| $481,000 (Nashville median) | $14,911 | $750–$1,250 |
4,5,6,10 That gap, between the commission and the attorney cost, is money that could cover your closing costs, fund a rate buydown, or stay in your pocket. For the right buyer in the right situation, it's completely achievable. Here are the 8 situations where that's most likely to be you.
The 8 Situations
1. You're Buying Directly from a Builder
Tennessee has 298 active builders currently selling new construction statewide.12 Nashville new construction starts at $400,000; East Tennessee ranges from $280,000 to $450,000.12 And every one of those builders has an on-site sales representative whose job, full stop, is to sell you a home at the highest price with the most upgrades.11
Here's the part builders don't advertise: when you don't have a buyer's agent, the commission savings typically stay with the builder, not you. Builders rarely reduce their pricing because you came without representation.11
Where unrepresented buyers win in new construction is preparation. Come in with independent data on competing communities, comparable finished homes, and current incentive offers from other builders in the area. The builder's contract is also not standardized: every builder uses their own form, often with mandatory arbitration clauses and limited warranties buried in the fine print.
Must-do before signing anything: hire a Tennessee real estate attorney ($500–$1,500) to review the builder's contract before you execute it.5,6 Also hire an independent inspector, the builder's inspection process exists to protect the builder, not you.
2. You're Buying a FSBO Property
Only 5% of 2025 home sales were FSBO: an all-time low.3 But here's the detail that matters for unrepresented buyers: 60% of those FSBOs knew the buyer personally.3 Most unrepresented transactions happen within existing networks, neighbors, family, coworkers, off-market connections.
FSBO deals are tailor-made for going unrepresented. With no listing agent on the seller's side either, both parties eliminate commission costs entirely. The seller isn't paying a listing agent 3%, which often makes them more flexible on price, closing credits, or terms, especially when you negotiate seller concessions into the purchase agreement.
Tennessee still requires sellers to provide a Property Disclosure Statement under T.C.A. § 66-5-202, disclosing any known material defects before the purchase agreement is signed.7 Read it carefully, it's not a warranty. It only reflects what the seller knows. You still need an independent inspection regardless of what the disclosure says.7
One legal note: you have one year from receiving the disclosure (or from closing, whichever comes first) to file suit for misrepresentation.7
Must-do for FSBO purchases: always engage a real estate attorney. When neither party has a licensed professional, the attorney protects your interests, confirms clean title, and ensures the paperwork is legally enforceable.8
3. You're an Experienced or Repeat Buyer Who Knows the Process
79% of 2025 buyers were repeat buyers: and this is the largest, most overlooked group of people who may not need a buyer's agent.3 Repeat buyers found the process significantly more manageable: only 23% said it was harder than expected, compared to 36% of first-time buyers.3
The reason is straightforward. The skills that make a buyer's agent valuable, reading comparable sales, managing contingency deadlines, navigating offer and counteroffer, knowing what to request after inspection, are the same skills that transfer directly from your previous purchase experience.
Redfin identifies the viable unrepresented buyer profile clearly: prior home-buying experience, comfort with contracts and contingencies, ability to research comps independently, mortgage pre-approval in hand, and time to manage the process yourself.8 If that describes you, ask yourself honestly: what specific services would an agent provide that you can't handle yourself or delegate to an attorney?
For many repeat buyers, the honest answer is "not much." And 30% of repeat buyers in 2025 paid all-cash3, eliminating the financing complexity that often makes agent coordination most valuable.
4. You're Buying in a Less Competitive Market With Time to Research
Tennessee's housing market has shifted materially in buyers' favor. The statewide median days on market hit 73 days in late 2025, up 12 days year-over-year.10 Rising inventory, flattening prices, and longer listing times have replaced the frenzied bidding wars of 2021–2023 with a market where buyers have time to think.
That matters for unrepresented buyers specifically. In a hot seller's market, going without an agent is a real disadvantage: you have less access to real-time data, no agent relationships with listing agents, and no one to move fast on your behalf. In a buyer's market, those disadvantages shrink considerably. Sellers are more willing to wait. You have time to do your research.
The case is strongest in slower Tennessee markets. Memphis, with a $185,000 median home price10 and historically longer market times, offers far more runway for an unrepresented buyer than Nashville at $481,000 in a more competitive corridor. Similarly, Chattanooga has seen 85% inventory growth year-over-year, making it one of the most negotiation-friendly markets in the state.
Practical leverage signals to look for: the home has been listed for 30+ days, there's already been a price reduction, area inventory is growing, or the seller is relocating on a deadline. Any of these suggest a seller who is motivated and negotiable. Use that to your advantage, including requesting seller concessions to cover closing costs.
5. You're Buying in a Neighborhood You Know Well
One of the core services a buyer's agent provides is local market knowledge: which streets command premiums, what comparable homes actually sold for, which blocks have drainage issues or school boundary quirks. Agents build that knowledge over years.
If you've lived in, rented in, or spent significant time around a neighborhood, you may already have it. You know which side streets are quiet and which aren't. You've seen what homes sell for. You understand the commute patterns, the school reputations, and which developments are happening nearby.
That's not a small thing, it's most of what a buyer's agent's local expertise actually consists of.
What you still need to do, regardless of how well you know the area: supplement your personal knowledge with Redfin and Zillow's closed sales data for precise pricing validation. Check your county assessor's records for property history and tax assessment. And hire an independent inspector to evaluate the specific physical condition of the home, familiarity with a neighborhood doesn't tell you what's behind the walls.8
6. You Have a Real Estate Attorney in Your Corner
Tennessee does not require an attorney at closing.5 But for an unrepresented buyer, hiring one is the single highest-value professional decision you can make.
A Tennessee real estate attorney handles the functions that matter most legally: reviewing and drafting the purchase agreement, identifying title issues, negotiating contingency language, reviewing disclosures, and representing your interests at closing.5 These are the same legal and contractual functions a buyer's agent coordinates, the difference is the cost.
The math: real estate attorney flat fee for a standard residential closing in Tennessee runs $750–$1,250.5,6 Attorney hourly rates range $150–$500/hour for more complex transactions.6 Compare either figure to a $12,109 buyer's agent commission on a median Tennessee home.
What an attorney won't do: search the MLS for listings, schedule showings, or build negotiation strategy around pricing. You're handling those parts yourself. The right combination is straightforward: attorney for legal protection + your own comp research + an independent inspector = a fully protected transaction at a fraction of the traditional cost.
One important clarification: an attorney complements going unrepresented, it doesn't replace every service an agent provides. Know which tasks you're taking on before you start.
7. You're Using a Flat-Fee Buyer Service
The NAR settlement created the conditions for alternative models to grow. Flat-fee buyer services occupy the space between "fully solo" and "full-commission agent", and for buyers who are confident in their home search and negotiation but want professional backup on contracts and paperwork, that's exactly the right fit.
How flat-fee services differ from a traditional buyer's agent: the cost is fixed, not percentage-based. Services are often unbundled, so you pay for what you actually need. You're not locked into a relationship or a commission for the full transaction.
A flat-fee buyer service typically provides: Tennessee-specific purchase agreement templates, document review, closing coordination, and comparable sales data. What you handle: home search, scheduling tours, and negotiating strategy. That's a reasonable division for a buyer who knows what they want and is comfortable in the process.
Post-settlement data shows that adoption of fintech and discount brokerage models remained "practically flat" nationally.1,2 But that reflects the market still finding its footing, not a verdict on whether these models work. For the buyers in situations 1 through 6 above, flat-fee support is often the right level of help. See how our pricing works.
8. You Have a Strong Negotiation Background
Real estate negotiation isn't structurally different from other complex negotiations. It's data-driven, comparable sales are your market data. It's structured, the purchase agreement is your term sheet. It's iterative, offer and counteroffer are your negotiation rounds. And it involves multiple variables beyond price: repair credits, contingency terms, closing timelines, and seller concessions.
Buyers with professional backgrounds in law, finance, sales, commercial real estate, contracting, or procurement are often well-equipped to manage this without an agent. The key skills transfer directly: anchoring your offer to objective comp data, making and responding to written counteroffers, reading contracts for advantageous and unfavorable terms, and knowing when walking away is the right move.
Tennessee's current market, with a 73-day median DOM and rising inventory statewide10, makes this approach more viable than it was two years ago. Sellers who've been sitting on a listing are more receptive to negotiation, which reduces the need for an agent's listing-agent relationships to move a deal forward.
One hard rule regardless of negotiation skill: have a real estate attorney review the final purchase agreement before you sign. Negotiation expertise doesn't replace legal knowledge.8
A Quick Self-Assessment: Are You Ready to Go Unrepresented?
Use this table as a gut check before you decide:
| You May Not Need an Agent If... | Reconsider If... |
|---|---|
| You've purchased a home before | This is your first purchase |
| You're buying new construction or FSBO | You're in a complex transaction (short sale, estate sale) |
| You know the neighborhood or market well | You're buying in a highly competitive market |
| You have an attorney lined up | You're uncomfortable with contracts or legal language |
| You're in a buyer's market with time to research | You can't dedicate time to manage the process |
| You have strong research or negotiation skills | You want full-service guidance and coordination |
Going unrepresented doesn't mean going unprotected. Three things are non-negotiable regardless of your situation: a real estate attorney to review your contracts, an independent home inspection before you close, and mortgage pre-approval before you make an offer. Those protections cost a fraction of a buyer's agent commission and cover the highest-risk parts of the transaction.7,8
If you want a deeper walkthrough of the mechanics, contracts, contingencies, inspection negotiations, and closing, our complete guide to buying without a buyer's agent covers every step. The step-by-step buying guide goes even deeper with city-specific closing costs and checklists. And if you're still weighing the decision, do you still need a buyer's agent after the NAR settlement? lays out the honest pros and cons.
How BuyUnrepped Helps
The 8 situations above have something in common: buyers who match them are well-positioned to go unrepresented, but they still need support on the parts that matter most, contracts, closing coordination, and access to reliable market data.
That's what BuyUnrepped is built for. Professional-grade tools and guidance at a flat fee, not a percentage of your purchase price.
- Tennessee-specific purchase agreement templates so your contracts protect you from the first offer forward
- Comparable sales data to replace what an agent's CMA would provide
- Flat-fee pricing: know your exact cost upfront, with no 3.10% surprises at closing. Use our closing cost calculator and home affordability calculator to see your full picture before you make an offer.
- Step-by-step closing coordination so nothing falls through the cracks between contract and keys
- Expert support when you need it, without tying the cost to a commission
There's one more Tennessee-specific reason this matters: since commission rebates are illegal in this state, you can't hire an agent and get money back. BuyUnrepped's flat-fee model is the direct path to keeping that $9,000–$14,000 where it belongs, in your pocket.
See how much you'd save on your specific purchase or check out our pricing to get started. Have questions? Reach out to our team.
The Bottom Line
The right question isn't "should I use a buyer's agent?" It's "what specific value would an agent add to my specific situation, and is it worth the commission?"
For the 8 types of buyers described above, that value is limited enough that the cost doesn't justify itself. The NAR settlement made the fee visible. Now it's your decision whether to pay it. Our Tennessee NAR settlement guide covers the full context for Tennessee buyers specifically.
Use our savings calculator to see exactly what a buyer's agent commission would cost on your purchase, then decide. Our mortgage payment estimator can help you model how redirecting that commission savings into a rate buydown would affect your monthly payment.
Sources
- More Unrepresented Buyers, More Experienced Agents: Study Finds Consumer Shifts Post-Settlement, RISMedia
- Measuring the Impact of the NAR Settlement, Duarte & Zhang, SSRN
- Top 10 Takeaways from NAR's 2025 Profile of Home Buyers and Sellers
- Average Realtor Commission Fees in Tennessee: 2026 Survey, Clever Real Estate
- Tennessee Real Estate 101: Do You Really Need an Attorney to Close the Deal?, Collins Legal
- Real Estate Attorney vs. Realtor: Cost Comparison, State Laws, EffectiveAgents
- Tennessee Residential Property Disclosure Law, Patterson Bray
- Unrepresented Buyer: How to Buy a Home Without a Real Estate Agent, Redfin
- FSBO vs. Realtor: 24 Key Statistics to Know, Clever Real Estate
- Tennessee Housing Market: Statistics and Forecast 2025–2026, Norada Real Estate
- Do You Need a Realtor When Buying New Construction?, Orchard
- Tennessee New Construction Home Market Guide, Jome
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