Yes. No law in Mississippi or anywhere else requires a buyer to have an agent. About 12% of buyers do it every year, and in a few specific situations it is a reasonable choice. This post is about what you take on when you do, who you are dealing with on the other side, and how to protect yourself if you go that route. An earlier post in this series covers whether you need an agent; this one covers how to proceed if you decide you do not.
Who buys without an agent
Eighty-eight percent of buyers purchased through an agent or broker in 2025. Of the rest, 5% bought “directly from a builder or builder’s agent,” and roughly 5% bought directly from the previous owner, often someone they knew. (Buffalo Niagara Association of REALTORS®, summarizing NAR’s 2025 Profile) Among sellers who went FSBO, “sixty percent of FSBOs knew the buyer of their home.” (NAR)
In other words, the typical unrepresented buyer is not a stranger walking into a listing. They are buying a new-construction home from a builder’s sales office, or buying a house from a relative, neighbor, or landlord. Those are the two situations where going without an agent is most common, and they are different from each other.
| Situation | Who represents the seller | Your main risks |
|---|---|---|
| New construction from a builder | The builder’s on-site agent | Builder contract, upgrades pricing, construction defects, no independent inspection |
| Buying from someone you know | Usually no one | Pricing, disclosure, title, contract terms, the relationship |
| A listed resale with the listing agent | The listing agent, for the seller | Everything the seller’s agent is required to tell the seller |
| A FSBO from a stranger | No one | All of the above, plus no professional on either side |
What the person across the table owes you
If you walk into a listed home without an agent, the listing agent is required to hand you Mississippi’s disclosure form and tell you that they represent the seller. The form is explicit about what that means for you: the seller’s agent “cannot give you legal or financial advice,” and “you should not disclose any information that you do not want the Seller to know, because the Seller’s Agent would be required to tell all such information to the Seller.” (MREC Working With a Real Estate Broker form)
You are owed “a duty of honesty and fair dealing.” (MREC form) That is a real protection; a licensee who lies to you can lose their license for “any substantial misrepresentation.” (Miss. Code § 73-35-21) But honesty is not advocacy. Nobody in the room is obligated to tell you the price is high, the inspection contingency is too short, or the seller would take less.
A builder’s sales representative is in the same position. They may be friendly, helpful, and knowledgeable, and they work for the builder.
What you are taking on
Experian’s consumer guidance puts the risk plainly: “Since the seller is likely working with a skilled agent who’s looking out for their best interest, if you’re buying on your own, you risk getting the worse end of the deal.” And: “Offers become legally binding once signed by both parties. You’ll need to bake all the necessary protections (such as inspection and financing contingencies) into your offer.” (Experian)
Specifically, you will be doing these yourself:
- Pricing. Pulling comparable sales and deciding what the house is worth. Portal estimates are a starting point, not a comp analysis.
- The contract. Mississippi’s purchase agreement, contingencies for inspection, appraisal, and financing, deadlines, and earnest money terms. The Mississippi Bar describes it as “one of the most important documents in the transaction” and says it “should include all key terms of the sale.” (The Mississippi Bar)
- Disclosures. Reading the seller’s property condition disclosure and knowing what is missing from it.
- Inspection and repairs. Hiring the inspector, reading the report, and negotiating repairs or credits with a party who has no duty to help you.
- Appraisal and financing follow-through. If the appraisal comes in low, deciding what to do and renegotiating.
- Title and closing. Coordinating with the title company or closing attorney, reviewing the settlement statement, and catching errors.
NAR’s buyer-side task list for an agent runs to 105 items, 33 of them in the “advocating for the buyer and facilitating the close” phase alone. (NAR, 179 Ways) You will not do all 105, but you will do the ones that matter.
Does it save money?
Less than most people expect. Before 2024, the seller typically paid both agents and an unrepresented buyer did not automatically get a discount. Since the settlement, buyer-agent compensation is negotiated separately, which means an unrepresented buyer can sometimes negotiate a lower price if the seller is not paying a buyer’s agent. But the listing agent’s fee does not change based on whether you have representation, and some listing agreements pay the listing broker the same total either way. Experian’s conclusion: “While it may be possible to save money if you buy a home without an agent, it isn’t that clear cut.” (Experian)
The clearest number on the other side of the ledger: unrepresented transactions cluster among FSBO sales, and FSBO homes sold for a median of $360,000 in 2025 versus $425,000 for agent-assisted homes. (NAR) That is a seller-side statistic, but it reflects what happens to pricing when professionals are absent.
If you go without an agent, do these four things
Hire a real estate attorney before you sign anything. The Mississippi Bar’s guidance: “Because of the complexities of a real estate contract and the overall process, enlisting the help of a real estate attorney is often a wise decision.” (The Mississippi Bar) A flat-fee contract review and closing representation typically runs $500 to $2,000 (Greiner Law Corp.), a fraction of what representation costs and far less than one missed contingency.
Get an independent inspection, including on new construction. The builder’s warranty is not a substitute. Order the inspection yourself, from an inspector you chose.
Get your own title examination. The Mississippi Bar describes the attorney’s or title professional’s role as “a search of public land records to determine whether the seller can deliver clear title and to identify liens, easements, restrictions, or other matters that may affect ownership or use of the property.” (The Mississippi Bar)
Say nothing about your budget or motivation to anyone on the seller’s side. See the earlier post on what to tell your agent about your budget. Without an agent, the only person keeping your information confidential is you.
A middle path
Representation does not have to be all or nothing. Since 2024, buyer agreements can be for a flat fee, an hourly rate, or a limited scope (NAR Consumer Guide), and a broker can be hired to review a builder contract, write an offer on a FSBO, or manage a transaction you have already negotiated with a relative. At HomesRX I do this regularly for buyers who found the house themselves and want a professional on the paperwork. Because I am the broker, I can set that fee without asking anyone’s permission, and it is written into the agreement before any work starts.
Frequently asked questions
Is it legal to buy without an agent in Mississippi?
Yes. There is no representation requirement. The seller’s licensee must still disclose whom they represent and treat you honestly. (MREC form)
Can I ask the listing agent to represent me too?
You can ask. That is dual agency, legal in Mississippi only with informed written consent from both you and the seller, and the agent then gives up “undivided loyalty” to both of you. (MREC form) It is not the same as having your own agent.
Will the seller lower the price if I do not have an agent?
Sometimes, if the seller was planning to pay a buyer’s agent and now does not have to. Ask directly, in writing, as part of your offer. Do not assume it.
Dr. Zakk Varughese is the broker-owner of HomesRX in Brandon, Mississippi, a REALTIST® and Founder and Chairman of the Board of the Gulf Coast Association of REALTISTS®. Questions about buying or selling in Central Mississippi or on the Gulf Coast: (601) 667-8414 or SoldByZakk.com.
Sources
- Buffalo Niagara Association of REALTORS®, Highlights from the NAR Profile of Home Buyers and Sellers — https://www.bnar.org/about/news/nar-profile-of-home-buyers-and-home-sellers/
- NAR, “Top 10 Takeaways from NAR’s 2025 Profile of Home Buyers and Sellers” — https://www.nar.realtor/news/economists-outlook/top-10-takeaways-from-nars-2025-profile-of-home-buyers-and-sellers
- NAR, “NAR 2025 Profile of Home Buyers, Sellers Reveals Market Extremes” — https://www.nar.realtor/news/real-estate-news/nar-2025-profile-of-home-buyers-sellers-reveals-market-extremes
- MREC, Working With a Real Estate Broker form — https://www.mrec.ms.gov/wp-content/uploads/2024/05/mrec_forms_workingwithbroker_WWREB-Legal-size-05-14-2024.pdf
- Mississippi Code § 73-35-21 — https://law.justia.com/codes/mississippi/title-73/chapter-35/in-general/section-73-35-21/
- Experian, “Is Buying a House Without a Real Estate Agent a Good Idea?” — https://www.experian.com/blogs/ask-experian/should-you-buy-home-without-real-estate-agent/
- The Mississippi Bar, “What to Know Before Buying or Selling a Home” — https://msbar.org/article/what-to-know-before-buying-or-selling-a-home/
- NAR, “179 Ways Agents Who Are REALTORS® Are Worth Every Penny” — https://www.nar.realtor/the-facts/179-ways-agents-who-are-realtors-are-worth-every-penny
- Greiner Law Corp., “Typical Real Estate Attorney Fees” — https://greinerlawcorp.com/typical-real-estate-attorney-fees/
- NAR, Consumer Guide: Ten Questions to Ask a Buyer’s Agent — https://www.nar.realtor/the-facts/consumer-guide-ten-questions-to-ask-a-buyers-agent