When you accept an offer on your home, you’re not quite at the finish line — you’re at the start of a process governed by the fine print of your contract. And much of that fine print comes down to contingencies: the conditions that have to be met before the sale becomes final.

For a For Sale By Owner (FSBO) seller, understanding contingencies is essential. They shape how protected the buyer is, how much risk you carry, and how likely the deal is to actually close. This guide explains the common contingencies in a Tennessee home sale contract, how they work, and how to weigh them when you’re reviewing an offer.

What a Contingency Actually Is

A contingency is a condition written into the purchase contract that must be satisfied for the sale to proceed. If a contingency isn’t met, the protected party — usually the buyer — can typically renegotiate or cancel the contract, often without losing their earnest money.

Think of contingencies as exit ramps. Each one is a clearly defined situation in which the buyer is allowed to step back. They’re a normal, expected part of nearly every financed home sale — not a red flag — but as the seller, you want to understand exactly which exit ramps a given offer includes. Our guide to Tennessee contract essentials covers the broader contract.

The Financing Contingency

This is the most common contingency of all. A financing (or loan) contingency makes the sale conditional on the buyer actually obtaining their mortgage. If the buyer applies in good faith but their loan is ultimately denied, this contingency generally lets them cancel and recover their earnest money.

For you as the seller, the financing contingency is why a buyer’s pre-approval matters so much. A strong pre-approval from a reputable lender reduces — though never fully eliminates — the risk that financing falls through. A cash offer with no financing contingency carries the least financing risk of all. Our guide to buyer financing explains how to read a buyer’s financial strength.

The Inspection Contingency

An inspection contingency gives the buyer a defined period to have the home professionally inspected and to act on what’s found. During that window, the buyer can request repairs, ask for a credit, renegotiate the price, or — depending on the contract terms — cancel the sale.

This is a normal and reasonable contingency; most buyers won’t purchase a home without the right to inspect it. Your best preparation is to know your home’s condition, disclose honestly, and be ready to negotiate constructively. Our guides on the home inspection process and on negotiating repair requests walk through exactly how to handle this stage.

The Appraisal Contingency

When a buyer is financing the purchase, their lender requires an appraisal, and an appraisal contingency protects the buyer if the home appraises for less than the contract price. Because the lender will only finance based on the appraised value, a low appraisal creates a gap — and this contingency gives the buyer the right to renegotiate or, in some cases, walk away.

The strongest defense is accurate pricing from the start, so your home appraises cleanly. Our guide on handling the home appraisal covers what to do if a gap appears, and explains “appraisal gap” coverage some buyers offer.

The Sale-of-Home Contingency

This one deserves a careful look. A sale-of-home contingency makes the purchase conditional on the buyer first selling their current home. In other words, your sale depends on a second transaction that you have no control over.

It’s not automatically a dealbreaker — plenty of buyers genuinely need to sell before they can buy — but it does add risk and uncertainty to your timeline. If you receive an offer with a sale-of-home contingency, look closely at the status of the buyer’s home: Is it already listed? Already under contract? An offer contingent on a home that’s under contract is far safer than one contingent on a home not yet listed.

The Title Contingency

A title contingency allows the buyer to confirm that you can convey clear, marketable title — ownership free of undisclosed liens, claims, or other defects. A title search is run during the transaction, and title insurance protects against problems.

For most sellers this contingency causes no trouble, because their title is clean. But it’s a good reason to think ahead: if you know of any liens, boundary questions, or past title quirks, address them early. Our guide to title insurance explains how this piece works.

Other Contingencies You May See

Depending on the offer, you might also encounter a few others: a contingency for review of HOA documents (common with condos and townhomes), a contingency for a specific specialized inspection such as septic, well, or pest, or a contingency tied to the buyer obtaining homeowners insurance. Each is simply another defined condition. Read every one so you know exactly what the buyer is reserving the right to verify.

Deadlines Make Contingencies Work

Here’s the part FSBO sellers must not overlook: every contingency comes with a deadline. The inspection contingency has a set number of days; the financing contingency has a target date; and so on. Those dates are the engine of the contract.

When a contingency deadline passes without the buyer acting on it, that protection generally falls away — the buyer has, in effect, accepted that aspect of the home and moved the deal forward. So track every date in your contract closely. Missing or misunderstanding a deadline can cost you, and staying on top of them keeps your sale moving. A calendar of contract dates is one of the simplest, most valuable tools a FSBO seller can keep.

Evaluating Contingencies When You Get an Offer

When you compare offers, look past the price alone — the contingencies tell you how solid each offer is. Generally speaking, fewer contingencies and shorter contingency periods mean a cleaner, lower-risk path to closing. A cash offer with no financing or appraisal contingency is the simplest of all.

That doesn’t mean a contingency-heavy offer is bad — a higher-priced offer with normal contingencies may still be your best choice. The point is to weigh price and certainty together. A slightly lower offer that’s very likely to close can be worth more than a higher one riddled with risk. Our guide on negotiating like a pro can help you think it through. For anything you’re unsure about, a Tennessee real estate attorney can review the contract.

How to Keep Contingency Periods on Track

Contingencies run on deadlines, and deadlines only protect you if you actually manage them. The moment your contract is ratified, sit down with it and write out every date: the earnest money deadline, the end of the inspection period, the financing and appraisal target dates, and the closing date. Put them on a calendar — paper or digital — with a reminder a few days before each one.

Then work the calendar actively. Confirm the buyer’s lender has ordered the appraisal. Check in that the inspection is scheduled within its window. Make sure any agreed repairs or document deliveries happen on time. Most contract problems aren’t dramatic disputes — they’re missed or misunderstood dates. A seller who tracks the timeline closely catches a slipping deadline early, while there’s still time to address it, rather than discovering it after the fact.

Contingencies From the Buyer’s Point of View

It helps to understand why buyers want contingencies, because it makes the negotiation feel less adversarial. A home is the largest purchase most people ever make, and contingencies are simply the buyer’s reasonable safeguards: a way to confirm they can finance the home, that it’s in sound condition, that it appraises, and that the title is clear before they’re fully committed.

Seen that way, a normal set of contingencies isn’t a sign of a weak or untrustworthy buyer — it’s a sign of a prudent one. Most sales include them, and most close successfully. Your goal as a seller isn’t to eliminate contingencies; it’s to understand which ones an offer carries, how much risk each adds, and whether the deadlines are reasonable. A buyer who waives every protection is rare and usually paying cash; a buyer with sensible contingencies is simply normal.

Red Flags in an Offer’s Contingencies

While standard contingencies are fine, a few patterns deserve a closer look. Be cautious of unusually long contingency periods, which keep your home tied up and your sale uncertain for an extended stretch. Watch for a sale-of-home contingency tied to a property that isn’t even listed yet — that’s a deal resting on a transaction that hasn’t begun.

Vague or open-ended conditions are another concern; a contingency should be specific and time-bound, not a loosely worded escape hatch. And an offer stacked with an unusually large number of contingencies may signal a hesitant buyer. None of these automatically means rejecting the offer — but they’re worth countering on, whether by shortening a period, tightening vague language, or weighing the offer against a cleaner competing one.

When a Contingency Isn’t Met

Sometimes a contingency genuinely isn’t satisfied — the buyer’s financing falls through, or an inspection negotiation can’t be resolved. When that happens within the contingency’s terms, the buyer can typically cancel and, in most cases, recover their earnest money, and the sale ends. It’s disappointing, but it’s the system working as designed: the contingency did its job.

If this happens, don’t panic. Confirm with your closing professional that the cancellation is valid, handle the earnest money release according to the contract, and put your home back on the market. A buyer who couldn’t clear a contingency was a buyer who couldn’t have closed anyway — better to know now and move on to one who can.

Frequently Asked Questions

What is a contingency in a real estate contract?

A contingency is a condition that must be met for the sale to proceed. If it isn’t met, the protected party — usually the buyer — can typically renegotiate or cancel, often keeping their earnest money.

What are the most common contingencies?

Financing, inspection, and appraisal contingencies appear in most financed sales. Sale-of-home and title contingencies are also common, along with specialized ones for HOA documents or specific inspections.

Should I accept an offer with a sale-of-home contingency?

It can work, but it adds risk because your sale depends on the buyer selling their own home. An offer contingent on a home already under contract is much safer than one contingent on a home not yet listed.

What happens when a contingency deadline passes?

When a contingency deadline passes without the buyer acting on it, that protection generally falls away and the deal moves forward. Tracking every contract deadline is essential for a FSBO seller.

Are fewer contingencies always better for the seller?

Fewer contingencies generally mean a cleaner, lower-risk path to closing, but weigh certainty against price. A higher offer with normal contingencies may still beat a lower, cleaner one.

Understand Your Contract, Sell With Confidence

Contingencies aren’t obstacles — they’re the structure that makes a home sale work. When you understand what each one means and track its deadline, you can evaluate offers wisely and steer your sale to a confident close.

Ready to put your home in front of serious buyers? List it with FSBOTN.com for just $99 and get full MLS exposure. Explore our seller resources for help with every stage of your FSBO sale.

When a loved one passes away and leaves behind a house, that property usually has to move through probate before it can be sold. For families who want to sell the home themselves and avoid a large real estate commission, the probate process can feel like a maze — but it’s more navigable than it looks once you understand the steps.

This guide explains how selling a house in probate works in Tennessee, from getting appointed by the court to closing the sale. As always, this is general information rather than legal advice; probate rules have real consequences, so it’s wise to work with a Tennessee probate attorney on the specifics of your estate.

What “Selling in Probate” Means

Probate is the court-supervised process of settling a deceased person’s estate — proving the will, appointing someone to manage things, paying valid debts and taxes, and distributing what remains. When the estate includes a house that the family wants to sell rather than keep, that sale happens within (or alongside) the probate process.

The exact steps depend heavily on two things: whether there’s a valid will, and whether that will gives the executor the authority to sell real estate. We’ll cover both. If you’ve inherited the home and want the bigger-picture view, our companion guide on how to sell an inherited house in Tennessee is a good place to start.

Step 1: Open Probate and Get Appointed

Nothing can be sold until the court formally appoints someone to act for the estate. The probate case is opened in the county where the deceased person lived, and the court appoints a personal representative — called an executor when named in a will, or an administrator when there’s no will.

Once appointed and qualified, that person receives official documentation of their authority (often “letters testamentary” or “letters of administration”). This paperwork is what title companies, buyers, and the register of deeds will want to see. Until it exists, no one has legal standing to sign a sale contract or a deed on the estate’s behalf.

Step 2: Find Out If You Have Power of Sale

This is the single most important question for a probate home sale, because it determines how much court involvement the sale requires.

If the will explicitly grants the executor the power to sell real estate, the executor can generally proceed with the sale much like an ordinary seller, without needing a separate court order approving the transaction.

If the will is silent on selling real estate, or there is no will at all, the personal representative usually needs the court’s authorization before selling the house — frequently through a petition asking the court to approve a sale, often to pay estate debts. Your attorney will look at the will (if any) and tell you exactly which path applies. This one detail shapes your entire timeline, so resolve it early.

Step 3: The Notice to Creditors Period

Tennessee law requires the estate to notify creditors so they have an opportunity to make claims against the estate. There’s a defined window for those claims, and valid debts — along with taxes and estate expenses — generally need to be accounted for before the estate can fully close and distribute proceeds.

Here’s the practical takeaway: you can often prepare, list, and even sell the home while the creditor period runs, but the proceeds may need to wait for debts and claims to be settled. Coordinate the sale’s timing with your attorney so closing and distribution line up cleanly.

Step 4: Value the Property

Probate sales call for a defensible, well-supported value — both to satisfy the court and heirs and to set a smart asking price. Many estates obtain a professional appraisal, which also helps document the home’s date-of-death value for tax purposes (important for the stepped-up cost basis that benefits heirs).

From there, set your asking price using recent comparable sales in the neighborhood, just as any seller would. Avoid pricing on sentiment. A realistically priced probate home sells faster and with less friction — and fewer delays mean lower carrying costs for the estate.

Step 5: List and Market the Home

Once you have authority to sell and a sound price, marketing a probate home works like any other sale. Listing on the MLS through a flat-fee service is the most effective move, because it puts the home in front of every buyer and agent without a percentage commission — keeping more money in the estate for the heirs.

Clean the home, clear out personal belongings, handle minor repairs, and present it well. You don’t need to renovate; probate homes routinely sell in as-is or lightly refreshed condition, and buyers generally understand the context.

Step 6: Reviewing Offers (and Court Approval)

When offers arrive, evaluate them on net proceeds to the estate — price, financing strength, contingencies, and closing timeline — not the headline number alone. Buyers typically submit earnest money with their offer; our guide on handling earnest money explains how that works.

If your sale requires court approval, the executor’s acceptance of an offer may be contingent on the court signing off, and in some cases the court reviews the proposed sale before it’s final. If you have power of sale under the will, you can usually accept and proceed directly. Either way, make sure your purchase contract reflects the probate context — our guide to Tennessee real estate contract essentials covers the basics, and your attorney can add any probate-specific language.

Step 7: Closing the Probate Sale

Closing a probate sale looks much like a standard Tennessee closing, handled by a title company or real estate attorney — with a few extras. The closing agent will want to see the letters testamentary or administration, the deed will be signed by the personal representative in their official capacity, and any required court order approving the sale will be part of the file.

Sale proceeds typically flow to the estate rather than directly to individual heirs, then get distributed according to the will or Tennessee’s intestacy laws once debts and expenses are settled. Buyers should still receive a property condition disclosure; our guide to Tennessee disclosure requirements explains how that works when the seller has limited knowledge of the home.

How Long Does It All Take?

Probate timelines in Tennessee vary by county and by the complexity of the estate, but many estates take roughly 6 to 12 months from start to finish. Disagreements among heirs, creditor claims, missing documents, or a backlogged court can extend it.

The encouraging part: the home itself often sells in a normal timeframe once you’re authorized to list. It’s the surrounding estate administration — not the house — that usually drives the overall timeline. Starting probate promptly and keeping paperwork organized are the best ways to keep things moving.

Can You Sell a Probate Home FSBO?

Yes. There’s no requirement to hire a full-commission agent to sell a home in probate. The personal representative can list the property For Sale By Owner and, in doing so, save the estate thousands of dollars that would otherwise go to commission — money that instead reaches the heirs.

The keys are simple: get appointed, confirm your authority to sell, coordinate timing with your attorney, price the home realistically, and give it real market exposure through the MLS. Many families find that selling FSBO is not only cheaper but also gives them more direct control during an already difficult time.

Costs to Expect in a Probate Sale

A probate home sale carries the ordinary costs of any Tennessee sale, plus a few specific to the estate. Knowing them up front helps you set expectations with the heirs.

On the estate-administration side, expect probate court filing fees, the cost of publishing the required notice to creditors, and attorney’s fees if the estate uses a probate lawyer — which most do. There may also be an appraisal fee if the estate obtains a formal valuation, and the personal representative may be entitled to a fee for their work.

On the sale side, you’ll see the usual Tennessee closing costs: title and settlement charges, any owed property taxes prorated to the closing date, recording fees, and any buyer-agent compensation or concessions you agree to. The good news: by selling the home For Sale By Owner rather than through a full-commission listing, the estate avoids a listing-side commission entirely — often thousands of dollars that instead remain for the heirs. Carrying costs matter too: while the home sits unsold, the estate keeps paying insurance, utilities, and upkeep, which is one more reason a realistic price and an efficient sale serve everyone.

How to Keep a Probate Sale Moving

Probate timelines stretch out when paperwork stalls, so a few habits keep things on track. Open the probate case promptly — the clock on everything else starts only once the court appoints a personal representative. Stay organized: keep the letters testamentary, the will, the engineer’s or appraiser’s reports, and all correspondence in one place, since buyers and the closing company will ask for them.

Communicate regularly with your probate attorney so you always know what the court still needs and when you’re cleared to list and to close. Keep the heirs informed too, so a decision never gets held up waiting on someone who feels out of the loop. And prepare the home for sale — cleaning, clearing it out, minor repairs — while the administrative steps run in parallel, rather than waiting for probate to finish before you start. Running tasks side by side, instead of one after another, is the single best way to shorten the overall timeline.

Patience Pays Off

Selling a home in probate asks for more patience than a typical sale, but the reward is real: the estate keeps the commission it would otherwise lose, and the heirs receive more. Get appointed, confirm your authority, lean on your attorney, prepare the home in parallel, and price it realistically — and a probate FSBO sale becomes a manageable, orderly process rather than an overwhelming one.

Frequently Asked Questions

Can a house be sold during probate in Tennessee?

Yes. Once the court appoints a personal representative, the home can be sold during probate. Whether you need separate court approval depends on if the will grants power of sale or, absent that, on a court authorization.

Do I need court approval to sell a probate house?

It depends. If the will explicitly grants the executor power to sell real estate, you can usually proceed without a separate court order. If the will is silent or there’s no will, court authorization is generally required.

How long does a probate home sale take in Tennessee?

The full estate often takes 6 to 12 months, though the house itself can sell in a normal timeframe once you’re authorized to list. Creditor claims, heir disputes, and court schedules can extend the overall process.

Can I sell a probate home FSBO and skip the agent commission?

Yes. A personal representative can sell the home For Sale By Owner. Listing on the MLS through a flat-fee service gives full market exposure while keeping commission savings in the estate for the heirs.

Who signs the deed in a probate sale?

The court-appointed personal representative signs the deed in their official capacity, supported by the letters testamentary or administration and any required court order approving the sale.

Sell Your Probate Home Without a Big Commission

Selling a house in probate takes patience and a little coordination with the court, but it doesn’t require giving up a large slice of the estate to commission. Once you have authority to sell, a FSBO listing puts the home in front of every buyer while keeping more money for the family.

When the estate is ready, you can list the property with FSBOTN.com for just $99 and reach the full market on the MLS. Explore our seller resources for guidance, and rely on a probate attorney for the legal specifics of your estate.

If you’ve been reading about real estate over the past couple of years, you’ve almost certainly seen headlines about the National Association of Realtors (NAR) settlement and “the end of the 6% commission.” For Tennessee homeowners thinking about selling on their own, the natural question is: what does any of this actually mean for me?

The short answer is that the settlement changed some long-standing rules about how buyer’s agents get paid — and on balance, those changes are good news for For Sale By Owner (FSBO) sellers. This guide explains what really changed, what didn’t, and how to use the new landscape to your advantage when you sell your Tennessee home in 2026.

A Quick Refresher: What the NAR Settlement Actually Was

In 2024, the National Association of Realtors agreed to a $418 million settlement resolving a series of lawsuits about how real estate commissions worked. As part of that agreement, NAR adopted a set of “practice changes” that took effect in August 2024 and now shape how home sales are handled nationwide, including here in Tennessee.

It’s important to be clear about what the settlement did not do. It did not cap commissions, set a new legal rate, or ban the 6% model. Commissions in the United States have always been negotiable, and they still are. What the settlement changed was the plumbing — specifically, how buyer-agent compensation is communicated and how buyers and their agents formalize their working relationship.

Change #1: Buyer-Agent Commissions Left the MLS

Before the settlement, a seller listing on the Multiple Listing Service (MLS) was generally expected to advertise a commission for the buyer’s agent right there in the listing. That offer was visible to every agent searching the MLS, and it effectively became a standard most sellers felt they had to follow.

Under the new rules, offers of buyer-agent compensation can no longer be displayed inside the MLS. Compensation still exists — it just gets negotiated separately, deal by deal, rather than broadcast on the listing. For a FSBO seller, this is a meaningful shift: the old, semi-automatic expectation that you’ll pay a set buyer-agent commission has been replaced by a genuine, case-by-case decision that’s entirely yours to make.

Change #2: Buyers Now Sign Agreements Before Touring

The second major change is on the buyer’s side. An agent who is an MLS participant now must have a written agreement with a buyer before showing that buyer a home. That agreement spells out how the agent will be paid and how much.

Why does this matter to you as a seller? Because it means buyers and their agents are now having direct, upfront conversations about compensation. When an agent brings you an offer, the buyer already understands that someone — the seller, the buyer, or some combination — will cover that agent’s fee. Compensation is on the table as a normal negotiation point, not an awkward surprise.

What This Means for You as a Tennessee FSBO Seller

Put the two changes together and the picture for FSBO sellers is encouraging. You are no longer expected to pre-commit to a buyer-agent commission just to be taken seriously. You can decide what to offer — if anything — based on each individual offer, your local market, and how motivated you are.

This flexibility pairs perfectly with a flat-fee MLS listing. You can read more about that approach in our guide on how a flat-fee MLS listing works in Tennessee, but the headline is simple: you get full MLS and Zillow exposure for a small fixed fee, and you control every compensation decision from there.

Should You Still Offer a Buyer’s Agent Commission?

This is the question nearly every FSBO seller asks, and the honest answer is: it depends, and that’s okay. Roughly half of all home buyers still work with an agent, so offering a competitive buyer-agent commission — often somewhere in the 2–3% range — can widen your buyer pool and keep your home on agents’ radar.

On the other hand, you might choose to offer less, offer a flat dollar amount, or offer nothing up front and simply negotiate compensation when an offer arrives. If a buyer comes to you without an agent at all, there may be no buyer-side commission to pay. The right move depends on how hot your local market is, how quickly you need to sell, and how much competition similar homes are giving you. We walk through the trade-offs in detail in our article on whether to offer a buyer’s agent commission.

The “Steering” Question: Will Agents Avoid My Listing?

A common worry is that buyer’s agents will simply steer their clients away from a FSBO home that offers a low commission or none at all. It’s a fair concern — but here’s an underappreciated point: the settlement specifically targeted practices that allowed agents to filter or avoid listings based on the commission offered.

In addition, because buyers now sign compensation agreements with their own agents up front, a buyer can instruct their agent to write an offer on your home regardless of what you’re offering. The buyer can ask you to cover the agent’s fee as a term of their offer, or agree to cover part of it themselves. The decision increasingly sits with the buyer, not solely with the agent — and motivated buyers don’t want to skip the right house over a commission technicality.

Did Commissions Actually Drop?

Many people expected the settlement to push commissions sharply downward. In reality, the data has been more muted. Buyer-agent commissions dipped only slightly after the practice changes took effect — then largely rebounded, with national averages settling close to where they were before.

The real change isn’t the number — it’s the conversation. Compensation is now openly negotiable on every deal instead of being a fixed expectation. For a FSBO seller who is comfortable negotiating, that’s a genuine advantage. You control your single largest controllable cost, and you can use it strategically rather than treating it as a fixed line item. Our guide on negotiating like a pro can help you put that to work.

How to Use the New Rules to Your Advantage

To make the most of the post-settlement landscape, start by listing on the MLS through a flat-fee service so agent-represented buyers can actually find your home. Decide your buyer-agent commission strategy before you list, even if your plan is simply “I’ll negotiate it per offer,” so you’re never caught off guard.

When an offer comes in, look at the full picture — price, financing strength, contingencies, and any request for you to cover the buyer’s agent — rather than reacting to the commission line alone. Consider seller concessions toward buyer closing costs as a flexible alternative to a straight commission. And keep good records of every compensation agreement, because clear paperwork protects you at closing. For the full cost breakdown of a Tennessee sale, see our guide to Tennessee closing costs.

A Quick Timeline of How We Got Here

Understanding the backstory helps the changes make sense. For decades, the standard practice was for a listing agent to set a total commission with the seller, then advertise a share of it to buyer’s agents through the MLS. Buyers rarely saw or negotiated that number directly — it was simply baked into how transactions worked.

A series of lawsuits challenged that structure, arguing it kept commissions artificially uniform and obscured from the people paying them. Those cases led to the National Association of Realtors settlement, and the practice changes that followed took effect in August 2024. The headline shifts — no commission offers inside the MLS, and written buyer-agent agreements before touring — are now simply how Tennessee real estate works.

For a FSBO seller, the takeaway is that the “rules” you may remember from selling a home years ago have genuinely changed. The old assumption that you must offer a set commission is gone, replaced by a system where you decide and negotiate. That’s worth knowing before you list.

Talking Compensation With a Buyer’s Agent

Because compensation now gets discussed openly, it helps to have a calm, simple way to handle the conversation when an agent calls about your home. You don’t need to be an expert negotiator — you just need to be clear and friendly.

If an agent asks what you’re offering, an honest answer like “I’m open to discussing buyer-agent compensation as part of a written offer — bring me your buyer’s best terms and we’ll work it out” keeps you flexible without committing to a number on the spot. If you’ve decided on a figure, you can simply state it. If you’d rather steer toward a concession, you might say, “I’m happy to consider a closing-cost credit the buyer can apply as they choose.”

The key is to stay matter-of-fact. Compensation is now a normal negotiation point, not a confrontation. Agents deal with this conversation on every transaction, and a cooperative, businesslike tone keeps your home easy to work with. Our guide on negotiating like a pro has more on holding these discussions with confidence.

Don’t Forget the Buyer’s Side

One more shift worth understanding: buyers are now more informed than ever about commissions, because they sign agreements spelling out what their agent costs and who pays. That cuts both ways for you. Some buyers, newly aware of the expense, may ask you to contribute — but many also understand that compensation is negotiable and are prepared to cover some or all of it themselves to get the home they want. Treat each offer as its own conversation, and you’ll find the new system is more transparent and workable than the old one it replaced.

Frequently Asked Questions

Do I have to offer a buyer’s agent commission in Tennessee?

No. Since the 2024 NAR settlement, offering buyer-agent compensation is entirely optional and negotiated on each deal. Many sellers still offer one to stay competitive, but it is no longer a requirement.

Can buyer’s agents see what I’m offering them?

Not through the MLS. Offers of buyer-agent compensation can no longer be advertised inside the MLS. Compensation is now communicated and negotiated outside the listing, typically as part of the offer.

Does the NAR settlement make it easier to sell FSBO?

In several ways, yes. It removed the built-in expectation that sellers pre-commit to a set buyer-agent commission, and it curbed practices that let agents steer buyers away from low-commission listings.

Will buyer’s agents still show my home?

Yes, especially when a buyer wants to see it. Buyers now sign compensation agreements with their agents up front, so a buyer can direct their agent to write an offer on your home and negotiate the agent’s fee as a term of that offer.

Did the settlement lower commissions?

Only modestly. National averages dipped briefly and then largely rebounded. The bigger change is that compensation is now openly negotiable on every transaction rather than a fixed expectation.

Sell Smarter Under the New Rules

The NAR settlement didn’t end FSBO — if anything, it tilted the playing field a little more in your favor. You now have clear, explicit control over how much you pay in commission, and the rules discourage anyone from sidelining your listing because of it.

The best way to take advantage is to combine that flexibility with real MLS exposure. You can list your Tennessee home with FSBOTN.com for just $99 and reach agent-represented buyers on your own terms. Curious how your overall costs compare to hiring a full-commission agent? Our FSBO vs. agent cost comparison lays it all out.