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.
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.
📝Paperwork for Selling a House by Owner
Before listing
- Property deed
- Original sales contract
- Mortgage statement and payoff quote
- Current and past utility bills
- Records of repairs and maintenance
- Plans and permits
- Homeowners insurance record
- HOA covenants and agreements
- Building plans and permits (if applicable)
- Comparative market analysis (optional)
To list your home
- Mandatory disclosure statements and addendums
- Listing agreement (if working with a listing agent)
- Preliminary title report
- Seller's net sheet (optional)
After receiving an offer
- Signed purchase agreement
- Contingency removal form
- Receipts and warranties
- Counteroffer form (if needed)
To close
- Recent tax statement
- Property deed
- Final purchase agreement
- Final payoff statements (mortgage, HOA, liens)
- ALTA settlement statement
- IRS Form 1099-S (if applicable)
» Need help? Use Clever to find a local realtor for expert guidance on handling the required paperwork
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. You can typically obtain a copy through your local county recorder’s office.
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.
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.
Records of repairs and maintenance
Keep documentation of all repairs, upgrades, and renovations—especially if done recently. Buyers may request these during due diligence, and they help support your asking price.
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.
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.
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.
📊 Optional: Comparative market analysis (CMA) report
To price competitively, review recent sales of similar homes. A realtor can provide this for free, or you can use third-party platforms.
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.
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.
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
This outlines the full terms of the deal, including price, timeline, contingencies, and any included items. Your state may provide a standard version; otherwise, consult a real estate attorney.
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.
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. You’ll review and sign it at closing.
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.
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
If you’re missing paperwork, start with your county recorder, HOA, lender, insurance provider, or contractor. Many documents are retrievable online or with a phone call. A title company or real estate attorney can also help you fill in any gaps.
Getting ready to sell FSBO? Next steps
Navigate your state's requirements
Laws vary widely, so consult state-specific FSBO guides, your attorney, or local title company.
Post your home on the MLS
ou can use a flat-fee MLS listing service to get exposure without paying a full commission.
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.
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.[2]
