Paperwork for Selling a House by Owner: Full List of Documents

Navigating the process of selling a house without a realtor can feel like a maze of paperwork. When you work with a real estate agent, they handle the documentation. But as a FSBO (for sale by owner) seller, the responsibility falls squarely on your shoulders.

This responsibility can lead to complications, with more than a third of sellers admitting legal missteps without an agent's guidance.[1] FSBO paperwork requirements can also vary significantly by state or region, adding another layer of complexity. 

And since the August 2024 National Association of Realtors (NAR) settlement, FSBO sellers also have to decide how to handle buyer's agent compensation themselves — which has changed the paperwork in ways most online guides haven't caught up to.

This guide walks you through the complete paperwork checklist for selling your home without a Realtor—from before listing all the way through closing. For personalized advice, consult a local real estate attorney or title company.

FSBO paperwork before listing your home

Property deed

Your deed proves legal ownership of your home. You’ll need it to close the sale, but having it upfront helps verify title status.

How to get it: Request a copy from your county recorder's office. Most counties offer online retrieval for $5–25. If your name is misspelled or a former co-owner is still listed, fix the discrepancy now — it can hold up closing later.

Original sales contract

This document outlines the agreement between you and the previous owners or the builder. 

It lists the terms and conditions of the prior sale, including contingencies, disclosures, and any special provisions. Reviewing it helps ensure you meet any potential obligations. 

How to get it: Check your closing folder first. If you can't find it, your title company or closing attorney from the original purchase should have a copy.

Loan documents (mortgage statement and payoff quote)

If your mortgage isn’t paid off, get a recent statement and a payoff quote from your lender. These documents will help you determine how much you’ll need to net from the sale to pay off your loan.

How to get it: Log in to your servicer's portal or call to request a written payoff statement. Payoff figures are typically good for 10–30 days.

Records of repairs and maintenance

Buyers often ask for receipts on major systems — roof, HVAC, water heater, electrical, plumbing — and any structural work. Permit records and warranties tie in here too.

How to get it: Collect receipts from your email, contractor portals, and home insurance claims. If you don't have receipts for big-ticket repairs, the contractor can usually re-issue an invoice on request.

Utility bills

Recent gas, electric, water, and sewer bills can help buyers estimate monthly costs. You can usually download past statements through your utility provider’s website.

Homeowners insurance record

Share any claims history and current policy info to help buyers estimate future costs and understand the home’s risk profile.

How to get it: Request a CLUE report or a loss-history summary from your insurer. Most carriers turn it around within a few days.

HOA covenants and agreements

If your home is in an HOA, gather the latest bylaws, CC&Rs (covenants, conditions, and restrictions), and fee schedules. Buyers often want these before making an offer.

How to get it: Request from your HOA's management company. Expect to pay a resale certificate fee — typically $200–500 — and allow up to two weeks.

Plans and permits

If you've made structural changes or additions, be ready to provide approved building plans and permits. Buyers want to confirm work was done to code.

How to get it: Contact your city or county building department. Many keep permit records online.

Required documents to list your FSBO home

Mandatory disclosure statements and addendums

Disclosures vary by state but may include:

• Lead-based paint disclosure (for homes built before 1978)
• Property condition disclosure
• Natural hazard disclosure
• Septic/well disclosure

These forms reveal known issues to buyers and help protect you from liability. Check with your state real estate board or attorney to access the correct versions.

For instance, houses built before 1978 may require a lead paint addendum, says Marisa Simonetti, founder of Simonetti Real Estate Team in Minnesota. 

The easiest pitfall when handling paperwork is forgetting to include the necessary addendums, such as those for lead paint, known hazards, or well and septic systems, according to Simonetti. 

There may also be specific addendums, such as flood insurance addendums, allowing the buyer to withdraw from the agreement if the insurance costs are deemed excessive, she notes.

The most commonly missed addendums:

• Lead-based paint disclosure — federally required for any home built before 1978.
• Natural hazard disclosure — required in CA, OR, and several other Western states for flood, fire, and seismic risk.
• Flood insurance addendum — required separately in flood zones; the federal lead disclosure does not cover it.
• Septic and well disclosure — required in most states for homes on private systems.
• HOA disclosure — required in many states; specifies the buyer's right to review CC&Rs and budget.
• Mold, radon, and methamphetamine disclosures — required in specific states (CO, MT, AK, others).

Listing agreement

If a buyer’s agent is involved, an open or limited-service listing agreement may be used. This spells out what you owe the agent if they bring a buyer. You can find templates on sites like eForms or consult an attorney.

Preliminary title report

Provided by a title company, this document confirms legal ownership, identifies liens, and outlines conditions for transfer. It’s not required to list but can help prevent issues later.

Why order it before listing? If there's a problem — a forgotten lien, a deceased spouse still on title, a contractor's claim from a remodel — it's better to find it now than 10 days before closing. Most title companies will prepare a prelim for a small fee (often $200–500), or free as part of a future closing.

Optional: Seller's net sheet

This estimates your proceeds after subtracting costs like mortgage payoff, fees, and taxes. Many title companies offer free templates.

Documents required once you accept an offer

Purchase agreement

The purchase agreement is the contract that spells out the sale price, contingencies, timelines, what's included, and the closing date. In many FSBO transactions, the buyer's agent drafts and sends a state-approved purchase agreement on the buyer's behalf — which means you need to read it carefully before you sign.

What to look for:

• Earnest money deposit amount and handling. Typically 1–3% of the sale price, held in escrow.
• Contingencies and deadlines. Inspection, financing, appraisal, and any state-specific contingencies. Each one has a deadline by which the buyer can back out.
• Closing costs and concessions. Who pays what — title insurance, transfer tax, recording fees, owner's policy, and any seller concessions.
• Personal property inclusions. Appliances, fixtures, window treatments — anything that's not legally part of the real estate.
• Possession date. When the buyer takes possession of the home (often at closing, sometimes after).

If anything in the contract looks unusual — a long inspection window, a vague financing contingency, an inflated repair credit baked into the price — pause and have a real estate attorney review it. The standard $500–1,500 attorney review is costly, but also might be the single highest return-on-investment fee in a FSBO transaction.

Contingency removal form

A form that's used to confirm that buyer contingencies (inspection, financing, etc.) have been cleared. States like California have official forms for this.

Receipts and warranties

Buyers may ask for proof of recent repairs or warranties for appliances and systems. If you can't locate them, contact the provider for duplicates.

Buyers commonly request:

• Itemized receipts for completed repair work
• Transferable warranties (HVAC, roof, appliance, structural)
• Termite/wood-destroying-organism letter, if your state or the buyer's lender requires one

Counteroffer form

If you and the buyer negotiated changes before agreement, document them in a counteroffer form to avoid confusion.

Final paperwork needed to close the sale

Final purchase agreement

This reflects all agreed-upon terms and signatures and is filed at closing. Ensure it matches all negotiated points.

Final payoff statement

You’ll need updated payoff amounts for your mortgage, HOA, or other liens. Contact these parties to get exact figures prior to closing.

Property deed

A recorded deed is a crucial legal document as it establishes legal ownership and grants you specific rights, including selling the property. 

Check your state or local government website for deed accessibility, and contact your city or county's recorder's office if you can't find it online.

ALTA settlement statement

This standardized form lists all financial charges and credits between buyer and seller. Read it line by line before you sign it at closing.

Here's what you need to double check:

• Sale price and adjustments. Confirm the purchase price matches the contract and that any agreed credits are reflected.
• Payoff figure. Confirm it matches your most recent payoff statement.
• Tax and HOA prorations. Confirm the proration date and the daily figure used.
• Title and recording fees. Confirm splits match what's in the purchase agreement (buyer vs. seller responsibility).
• Net to seller. Confirm it lines up with your most recent seller's net sheet.

IRS Form 1099-S

This form is used to report proceeds from real estate sales. If applicable, your title company or attorney will prepare this for filing. Whether you owe tax on your profits from the sale depends on your income, the profit, and whether the home is your primary residence.

If the home is your primary residence and your gain is below the IRS exclusion ($250,000 for single filers, $500,000 for married filing jointly), you may not owe federal capital gains tax — but the sale is still reported on Form 1099-S.[2] Talk to a tax professional if you're unsure.

» Learn more: How to Avoid Capital Gains Tax on a House

Recent tax statement

Recent property tax statements show annual taxes and help calculate prorated costs. You can download this from your local tax assessor’s website.

What to do if you're missing documents

It happens — the original deed got lost in a move, the contractor never sent the permit closeout, the homeowners insurance got cancelled three years ago. Here's the realistic recovery path:

• Missing deed. Request a certified copy from your county recorder. Cost: $5–25. Turnaround: same day to one week.
• Missing original sales contract. Contact the title company or closing attorney from the original purchase. Most keep transaction files for at least seven years.
• Missing permits. Contact your city/county building department. If a permit was never pulled, you may need to apply for a retroactive permit before closing. Expect 2–6 weeks and a higher fee.
• Missing payoff info. Call your mortgage servicer; payoff letters are usually issued within 24–72 hours.
• Missing HOA documents. Request from the HOA management company. Resale certificates can take up to two weeks.

None of these are deal-killers if you start chasing them down them early. Don't wait until three days before closing to start looking.

For Carlyn Neuman — a Florida real estate attorney and title agent who runs Tampa-based Clear Title Partners — the post-NAR paperwork shift makes the older lessons more important, not less. "In Florida, one of the most common FSBO issues is sellers underestimating the importance of a properly prepared contract and required disclosures," she says. "Having the contract, disclosures, and title reviewed early can help sellers avoid costly mistakes" — including the surprises that show up at closing, like old liens, name discrepancies, probate issues, unreleased mortgages, or a prior spouse still on title.

How the NAR settlement changed FSBO paperwork

The biggest 2024–2026 change to FSBO paperwork comes from the August 2024 NAR settlement. It changed how buyer's agent compensation is offered, documented, and negotiated.

What changed. Offers of compensation to buyer's agents are no longer published in the MLS. Buyer's agents now have to enter into a written buyer representation agreement with their buyer before showing a home — and that agreement spells out how the buyer's agent gets paid.

What it means for FSBO sellers. You decide whether to offer buyer's agent compensation at all, how much, and on what terms. You document it separately from any MLS listing or flat-fee service agreement.

Three options:

1. Offer no buyer's agent compensation. The buyer pays their own agent under their written representation agreement. Your MLS-equivalent flat-fee listing simply doesn't include a compensation offer.
2. Offer a fixed-dollar concession in the purchase agreement. Once you have an offer, you can negotiate a closing-cost concession the buyer applies toward their agent's fee. This keeps the compensation conversation inside the purchase agreement — the document you and the buyer are already negotiating.
3. Sign a buyer's agent compensation agreement before showings. If a buyer's agent reaches out before submitting an offer and asks about compensation, you can sign a one-time-showing agreement or buyer's agent compensation agreement that commits to a specific fee — typically 2–3% — payable at closing.

What to ask your title company or attorney: Does your state have a standard form for buyer's agent compensation agreements outside the MLS? Are there state-specific disclosure requirements when offering compensation directly to a buyer's agent? What happens if a buyer's agent has no written agreement with their buyer and asks you to pay them anyway?

Getting ready to sell FSBO? Next steps

1. Navigate your state's requirements

Rules for selling a home without a realtor vary by state. Before you list, check your state’s FSBO regulations and required disclosure forms, or consult a local title company or real estate attorney to make sure your paperwork is compliant.

2. Post your home on the MLS

The Multiple Listing Service (MLS) is where nearly all buyers and agents look for homes. If you’re selling FSBO, the easiest way to get MLS exposure is through a flat fee MLS company like Houzeo. It helps homeowners list their property on their local MLS without hiring a realtor, giving it the same visibility as agent-listed homes. The platform also provides tools for managing offers, scheduling showings, and keeping your listing up to date.

3. Speak with professionals

Consider hiring a title/escrow company or attorney to handle paperwork and funds transfer. Their help is worth the cost to avoid legal issues.

Taylor Szostak, a San Diego–based Realtor and founder of San Diego Military Real Estate, has watched both sides of unrepresented transactions land — and lose — deals on paperwork alone. "Having a lawyer review the offer before submitting changes how the whole offer looks," she says. "I've seen buyers without agents beat out buyers with agents just because their paperwork was cleaner." The same logic runs in reverse for FSBO sellers: an attorney-reviewed disclosure package and purchase agreement read as serious to a buyer's agent and save weeks of back-and-forth.

4. Weigh the pros and cons of FSBO

Selling FSBO can save on commission, but it may reduce your final sale price and increase legal risk. Our recent study found 36% of FSBO sellers encountered legal issues, and those who used an agent sold for nearly $50K more on average.[3]

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