Key takeaways
- Gather ownership, disclosure, and loan documents before you list, so a motivated buyer never waits on you.
- A preliminary title report surfaces liens, judgments, and unreleased mortgages while you still have time to clear them.
- Homes built before 1978 need the federal lead-based paint disclosure, the EPA pamphlet, and signed copies kept for at least three years.
- Your servicer must send an accurate payoff statement within seven business days of a written request, so order it early.
- Whether a title company, escrow agent, or attorney prepares the closing documents depends on your state and local custom.
This guide is for owners selling a home without an agent who want every piece of paperwork in place before the first buyer walks in. Use the checklist table to see what you need, where to get it, and when it comes into play, then read the sections below for the details that trip up first-time sellers.
The FSBO document checklist
| Document | What it does | Where to get it | When you need it |
|---|---|---|---|
| Current deed | Shows who owns the property and how title is held | County recorder or register of deeds | Before listing |
| Preliminary title report or commitment | Lists liens, judgments, easements, and requirements to clear title | Title company or closing attorney | Before listing or right after contract |
| State seller disclosure form | Discloses known property condition issues | State real estate commission, bar association, or your attorney | Before the buyer signs, or by your state’s deadline |
| Lead-based paint disclosure and EPA pamphlet | Federal disclosure for homes built before 1978 | EPA website; attorney or title company | Before the buyer is bound by the contract |
| Purchase agreement and addenda | The binding contract: price, terms, deadlines | Attorney or state-approved form | When you accept an offer |
| Mortgage payoff statement | Exact amount to retire each loan or HELOC on a given date | Your loan servicer (written request) | Before listing for planning; again before closing |
| HOA resale packet or estoppel letter | Dues status, rules, budget, special assessments | Homeowners or condo association | Early; delivery can take weeks |
| Local certificates and inspections | Smoke and CO compliance, septic, well, point-of-sale inspections | City, county, or licensed inspector | Varies by location |
| Survey or plat | Shows boundaries and improvements | Your closing file from purchase, county, or surveyor | If the buyer or title company requires it |
| Permits and repair records | Proves work was done properly | Building department, your files | Before listing; attach to disclosures |
| Closing documents | Deed, settlement statement, affidavits, tax forms | Closing attorney or title company | At closing |
Ownership and title documents
Your deed
Pull a copy of your recorded deed and read the names on it. If title is in a trust, an LLC, or includes a former spouse or a deceased co-owner, you’ll need extra documents: a trust certification, an LLC resolution, a divorce decree, or a death certificate. In some states a non-owner spouse must also sign because of homestead or marital property rules.
The title report
Order a preliminary title report early. It shows recorded liens, judgments, unpaid taxes, easements, and old mortgages that were paid off but never formally released. An unreleased mortgage from a refinance ten years ago is a common surprise. Your title company or attorney can usually clear it with a release from the old lender, but that takes time you won’t have once you’re under contract.
Disclosure documents
The state seller disclosure form
Many states require a written disclosure of known property conditions, often on a statutory form. Fill it out yourself, answer every question, and attach supporting documents such as inspection reports, repair invoices, and warranties. Mark “unknown” only when you truly don’t know. Our seller disclosure requirements guide explains what counts as a material defect.
The federal lead-based paint disclosure
If your home was built before 1978, federal law applies on top of state rules. Before the buyer is obligated under the contract, you must:
- Give the buyer the EPA pamphlet, Protect Your Family From Lead in Your Home (use the current version from the EPA website).
- Disclose any known lead-based paint or lead hazards in the home.
- Provide any available records or reports about lead in the home.
- Include the lead warning statement and disclosure language in the contract or an attached addendum, signed and dated by both parties.
- Give the buyer a 10-day opportunity to conduct a lead inspection or risk assessment, unless the buyer agrees in writing to a different period or waives it.
- Keep signed copies for at least three years after the sale.
HUD and EPA enforce this rule jointly, and a seller who skips it can face civil penalties and a lawsuit for triple damages.
The contract package
The purchase agreement is the most important document in the sale. Use a form drafted for your state, and have a real estate attorney prepare or review it. At minimum, it should cover:
- Names of buyers and sellers exactly as they will appear on the deed
- Property address and legal description
- Price, earnest money amount, and who holds the deposit
- Financing type, loan amount, and the deadline for loan approval
- Inspection, appraisal, and financing contingencies, each with a deadline
- Closing date, possession date, and what happens if either slips
- Fixtures and personal property included or excluded (washer, dryer, TV mounts)
- Who pays which closing costs, including title insurance and transfer taxes
- Remedies if either side defaults, including what happens to the earnest money
Expect addenda: counteroffers, the lead disclosure addendum, inspection repair agreements, and any seller-financing terms. Every change goes in writing, signed by both sides.
Mortgage, HOA, and local documents
Mortgage payoff statement
Request a payoff statement in writing from each lender with a lien on the house, including any home equity line of credit. Under Regulation Z, your servicer must send an accurate payoff balance within seven business days of a written request, with limited exceptions. The statement is good through a specific date and lists a per-diem interest figure, so the closing agent will order an updated one shortly before closing.
If you have a HELOC, ask the lender how to freeze and close it at payoff so no one can draw on it after closing.
HOA documents
Condo and HOA sales usually require a resale certificate or estoppel letter showing dues paid, pending violations, special assessments, and transfer fees, plus governing documents for the buyer to review. Many states set deadlines and fee limits for these packets. Order them as soon as you list, because buyers often get a review period once they’re delivered.
Local certificates
Some cities and counties require a point-of-sale inspection, a smoke and carbon monoxide detector certificate, a septic system inspection, or a well water test before a sale can close. These requirements are entirely local, so call your city or county building department, or ask your closing attorney, before you list. Rules vary by state and municipality, so confirm with a local real estate attorney.
Closing documents you’ll sign
Your closing agent prepares most of these, but you should know what you’re signing:
- Deed transferring title to the buyer (warranty, special warranty, or another form depending on state and contract)
- Settlement statement showing the price, your payoffs, prorated taxes, fees, and net proceeds
- Owner’s or title affidavit confirming no unrecorded liens, unpaid contractors, or undisclosed occupants
- Certificate of non-foreign status for FIRPTA. If you’re a foreign person, the buyer generally must withhold 15% of the amount realized and send it to the IRS, with reduced rates in some residential sales.
- Form 1099-S information or certification. The closing agent generally reports the sale to the IRS, though a sale of a principal residence can be exempt from reporting if you certify the gain is fully excludable.
- Payoff authorization and disbursement instructions
- Bill of sale for any personal property included in the deal
Learn how the day itself works in closing a for-sale-by-owner sale.
Title company or attorney: who handles the paperwork
In some states, real estate attorneys must conduct closings or prepare deeds. In others, title and escrow companies handle everything and attorneys are optional. Custom can differ even between counties in the same state. Before you sign a contract, find out who closes in your area, because that person often supplies the contract forms, orders the title work, and prepares the deed.
Keep a records file
Scan everything into one folder: the signed contract and addenda, disclosures with buyer acknowledgments, inspection reports, repair receipts, and the final settlement statement. The IRS uses your purchase price plus improvements to determine your gain, so keep improvement records and the settlement statement with your tax files. IRS Publication 523 explains how to calculate it.
Next steps
- Check off each document in the interactive FSBO checklist.
- Estimate what you’ll pay at closing with the closing cost estimator.
- Find a vetted real estate attorney or title company through ByOwners pros.
Frequently asked questions
What paperwork do I need to sell my house by owner?
At minimum: your deed, a title report, your state's seller disclosure form, the lead-based paint disclosure if the home was built before 1978, a written purchase agreement, and a mortgage payoff statement. HOA documents and local certificates apply in some areas.
Where do I get a copy of my deed?
From the county recorder or register of deeds where the property is located. Many counties offer online searches and certified copies for a small fee.
Who prepares the deed when I sell by owner?
Usually the closing attorney or title company prepares the new deed, and you sign it at closing. In some states only an attorney may prepare it, so ask before you try a do-it-yourself form.
How long should I keep my home sale documents?
Keep the lead-based paint disclosure for at least three years after the sale, and keep the settlement statement and improvement records with your tax files, since you may need them to calculate gain.
Do I need a real estate attorney for the purchase agreement?
It is not required everywhere, but an attorney-drafted or attorney-reviewed contract is the single best protection an FSBO seller can buy. In attorney-closing states you will need one anyway.
Sources
- U.S. EPA, Protect Your Family from Lead in Your Home: Real Estate Disclosure
- U.S. Department of Housing and Urban Development, The Lead Disclosure Rule
- Consumer Financial Protection Bureau, Regulation Z 12 CFR 1026.36 (payoff statements)
- IRS, FIRPTA Withholding
- IRS Publication 523, Selling Your Home