Selling a house by owner means more control and no hefty agent commissions! But it can be a pain to handle all the paperwork for selling a house without a Realtor. From agreements to disclosures, even the tiniest oversight can delay your sale or land you in legal trouble.
No wonder 10% of FSBO sellers find it difficult to complete the required paperwork. But don’t worry! If you’re planning to go FSBO, we’re here to help you navigate the paperwork, so you can have a smooth and legally sound transaction.
What Paperwork Do You Need for Selling FSBO?
Real estate transactions require extensive legal documents, regardless of realtor involvement. These signed papers confirm agreement, prove ownership, and protect all parties from disputes. Organized documentation enhances buyer trust and simplifies the sale.
So, here’s the paperwork for selling a house without a Realtor:
- Sale and Purchase Agreement (SPA): This outlines the terms between you and the buyer. It includes the purchase price, contingencies, closing date, and other essential terms. Many states have standard FSBO contracts, but you can also hire an attorney to draft one.
- Seller’s Disclosure Statement: Most states require home sellers to disclose known issues with the property. A seller disclosure statement informs buyers about defects, repairs, or hazards. Failure to provide accurate disclosures can lead to lawsuits, even after closing.
- Title and Ownership Documents: A clear title is crucial for a smooth sale. So, gather your property’s warranty deed, title report, and any mortgage payoff statements. Additionally, buyers may request a title search to confirm legal ownership.
- Bill of Sale: A bill of sale details the personal property included in the home sale, such as appliances or furniture. This document clarifies what stays and what goes, which reduces disputes at closing.
- Lead-Based Paint Disclosure: Federal law requires sellers of homes built before 1978 to provide a lead-based paint disclosure. This document informs buyers about potential lead hazards in the home.
- Affidavit of Title: This document states that you own the property free of liens or legal disputes. It’s often required at closing to assure the buyer that there are no title defects.
- 1099-S Tax Form: This tax form specifies the capital gains you will owe on the home sale. Make sure to check if you qualify for an exemption under long-term capital gains.
Additional Paperwork for Selling a House Without a Realtor
Some more real estate paperwork may be required, depending on your situation. These documents are not mandatory, but can be helpful for a smooth sale:
- HOA Documents: If your home is in a homeowners association, provide bylaws, financial statements, and fees.
- Property Survey: This document identifies the boundaries of a property. Buyers usually request a property survey to understand the details of fences, area, and land map.
- Mortgage Payoff Statement: If you have an existing loan, this document shows the remaining balance.
- Repair and Renovation Records: These are receipts for any upgrades or repairs, which can justify your asking price.
Common Paperwork Errors and Their Impact
| Errors in Paperwork | Examples | Potential Impact |
| Sales & Purchase Agreement | Incorrect signatures, unclear contingencies, missing legal details | Contract disputes, delays, potential deal cancellation |
| Failure to Disclose Defects | Structural issues, system failures, environmental hazards | Lawsuits, financial penalties, buyer could back out |
| Omissions of Key Information | Undisclosed liens, inaccurate property details, misrepresented fixtures | Buyer dissatisfaction, legal claims, lost trust |
| Financial Documentation | Incorrect mortgage payoff, inaccurate HOA fees, undisclosed assessments | Financing issues, lower offers, prolonged closing timeline |
| Survey & Property Description | Outdated legal descriptions, encroachments, easement disputes | Ownership challenges, title issues, property line disputes |
How to Avoid Paperwork Problems When Selling a Home
To reduce paperwork-related issues, you should take the following steps:
- Seek Professional Guidance: Real estate agents and attorneys ensure compliance and accuracy.
- Be Thorough With Disclosures: Fully disclose property defects to avoid future legal issues.
- Review the SPA Carefully: Double-check signatures, legal descriptions, and contingencies.
- Ensure Financial Paperwork Accuracy: Verify mortgage payoffs, HOA fees, and outstanding assessments.
- Get a Property Survey: This prevents disputes and ensures correct legal descriptions.
- Stay Organized: Maintain copies of all relevant documents for quick reference.
How to Save Time With FSBO Paperwork
The paperwork for selling a house without a Realtor can be time-consuming, but proper organization ensures a smooth closing. Here’s how to streamline the process:
✅ Use a Document Checklist: Keep track of all the paperwork to avoid last-minute stress.
✅ Digitize your Files: Store documents online for easy access and sharing.
✅ Hire a Real Estate Attorney: If needed, you can have an attorney review contracts and disclosures.
✅ Opt for a Flat Fee MLS Service: High-tech MLS listing platforms like Houzeo automatically assign the right MLS paperwork based on your location.
Track Your Progress: Essential Checklist
Simplify the Process and Leverage Online Platforms
Selling your home without a Realtor might feel overwhelming at first, but with the right preparation, it’s manageable. Stay organized and review every document carefully. If needed, consult a real estate attorney to avoid costly mistakes.
Selling FSBO doesn’t mean you have to do it all alone. Marketplaces like Houzeo offer digital tools to help with listing, contracts, and disclosures. Using a Flat Fee MLS service increases visibility while keeping costs low.
Free Paperwork for Selling a House by Owner
We’ve compiled a state-wise list of the essential selling a home by owner paperwork. So that you can refer to the table below to check the documents required as per your region.
