Paperwork You Need to Sell a House Without a Realtor in 2024

Before listing | Offer and contracts | Closing | Free paperwork | FAQ

Some homeowners sell FSBO (for sale by owner) to avoid paying listing agent commission. But selling a house on your own is hard for many people, especially when it comes to completing all required paperwork and legal documents before, during, and after the home sale.

According to an industry survey, the second-most-challenging task for all FSBO sellers is understanding and preparing the paperwork correctly.^[1] If your documentation doesn’t fulfill specific legal requirements, you may face delays, legal challenges, or even the sale falling through.

We’re here to help. Here’s a look at the most commonly required FSBO paperwork for selling a house without a realtor.

Get local guidance and save on fees. Keep in mind that the specific FSBO documents may vary by market. Your best bet is to connect with a local realtor for specific guidance for your area.

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Paperwork for selling a house without a realtor: FSBO guide

Before listing | Offer and contracts | Closing

Before listing

Before you list your house, gather several important documents. This saves time when marketing to buyers, builds buyer confidence, and ensures a smoother transaction.

Organizing these documents in advance will make selling your home easier. It can save you time when marketing your home to buyers, build confidence in buyers, and make the selling process smoother.

Original sales contract

The original sales contract is the contract you received when you bought your home. This document provides key insights to help you prepare your sales contract and disclosures for prospective buyers.

This document outlines your purchase terms, conditions, and the original sale price. You’ll also have documentation of the home’s history, including repairs made, the home’s condition, and disclosures made by the previous owner.

How to get it: If you don’t have a copy, you can request one from your title company, closing attorney, or the mortgage lender who handled your original transaction.

Mortgage statement and payoff quote

Sellers who haven’t paid off their current home’s mortgage will need a mortgage statement. This document outlines the details regarding your current mortgage balance.

The payoff quote may be different from your current or outstanding mortgage balance. This quote reflects the amount needed to fully pay off your mortgage on the closing date and includes any extra costs, like fees or interest you may owe.

If you have other loans for your home, you’ll also want a record of these.

How to get it: You can request these documents from your mortgage lender or servicers. Some lenders may let you request mortgage statements and payoff quotes online, while others may require you to go through a customer service representative.

Current and past utility bills

These bills give potential buyers insight into monthly utility costs, like electricity, gas, water, and other services.

How to get them: Check with your utility providers. You may be able to download a copy of recent bills online.

Repair and maintenance records

Gather any records that show when you’ve done repairs or maintenance tasks on your home, like roof repairs, HVAC servicing, or appliance replacements. Having a copy of any warranties still in effect also helps.

This documentation helps show you’ve maintained the home and can add value to your sale.

How to get them: Look for receipts, warranties, and invoices from the services or new appliances. If you don’t have a copy, check with the company you bought the service or appliance from to see if they can give you a copy of your receipt or invoice for your records.

Plans and permits

If you’ve made structural or architectural improvements or changes to your home, you’ll want to show proof that the modifications met local regulations. This may include architectural plans, blueprints, and any permits required for the work.

Also consider obtaining a property survey, especially if the boundaries of your property aren’t clearly marked.

How to get them: You can request copies from your local building department or contractors who handle the work. If you’d like a copy of a property survey, your municipality or county’s land records or tax assessor may be able to provide one.

Homeowners insurance records

Your homeowner's insurance records show prospective buyers an estimate of insurance costs and coverage details.

How to get it: You can contact your insurance provider for a copy of your policy and payment history.

HOA covenants

If your home is in an HOA, get a copy of the rules, covenants, and regulations set by your homeowners association. These documents should also cover the guidelines on property maintenance, updates, and use, and help prospective buyers understand the HOA fees and how to pay.

How to get it: You can request a copy from your HOA’s management office or download a copy through the HOA’s online portal (if available).

Seller's disclosure statements

Disclosure statements inform buyers of known problems or defects with the property, such as structural problems or environmental disclosures. This required document outlines any safety or other issues that may impact the home’s value.

Most states have legal requirements for sellers regulating what they must disclose, such as:

• Water damage
• Lead-based paint
• Termite or other pest damage
• Environmental disclosures like radon, asbestos, or mold
• Repairs and insurance claims

The requirements can vary per state, so look for updated disclosure forms specific to your location. There is a federal requirement to disclose lead-based paint for homes built prior to 1978.

How to get it: You can download free or paid disclosure forms online or through your local realtor board. Be sure to select disclosures for your state.

Listing agreement

A listing agreement is a legal contract between a seller and a real estate broker that outlines the seller’s terms for listing the home. Typically, it’s used when working with an agent. However, FSBO sellers may still use a similar item, often called an open listing agreement.

An open listing agreement is a non-exclusive contract between the seller and an agent. The contract establishes the details and specifies payment if the agent finds a prospective buyer who buys the home.

The open listing agreement also allows the seller to pursue selling their home on their own. It can be a low-risk way to potentially find more prospective buyers.

How to get it: You can find templates online through legal document websites or real estate associations. Be sure you’re selecting a listing agreement specifically for FSBO.

Preliminary title report

A preliminary title report shows the home’s title history, including any claims or liens against the property. Having this document gives potential buyers peace of mind that you have a clear title to sell.

How to get it: You can request a preliminary title report from a title company.

Comparative market analysis

A comparative market analysis (CMA) provides an estimate of your home’s current market value based on sales of similar properties in your area. A CMA helps you establish a fair listing price so you don’t underprice or overprice your home.

How to get it: You may be able to find a local realtor who will calculate a CMA for you for free. FSBO sellers can also create one using public listing sites or online valuation tools.

Offer and contract documents

When you find a prospective buyer, you’ll enter the offer and contract negotiation phase, which includes additional paperwork.

Offer

The buyer presents you with a formal written proposal outlining the price they’re willing to pay for your home and specifying any terms or conditions they request as part of the sale.

This is often a starting point. You and the buyer will likely negotiate the terms, maybe more than once, before coming to an agreement.

Some elements to look for in the buyer’s offer include:

• Contingencies — clauses that allow the buyer to back out of the sale if certain conditions aren’t met. A common contingency is to require a home inspection.
• Earnest money deposit — This deposit is a specific amount of money that the buyer forfeits if they don’t close on the house. The details of how the earnest money deposit will be made, set up, and who will hold it should also be included.
• Appraisal contingency — This clause states what the buyer will cover or whether they can back out of the sale if the appraisal value is lower than expected.
• Financing details — How the buyer will pay or finance the home’s purchase.
• Who pays the realtor fees — Traditionally, the seller pays FSBO realtor fees, including the buyer’s agent. But buyer’s agent fees must now be negotiated separately due to the 2024 antitrust ruling against NAR.
• Closing costs — Some closing costs may be negotiated, and the offer should state who is paying for what.
• Timeline or dates — This includes details like closing date, move-in date, and the deadline to respond to the offer.

How to get it: The buyer will submit an offer to you. You can counter their offer and specific details in it during this negotiation phase.

Purchase agreement

Once you’ve accepted an offer, a purchase agreement will need to be written based on the final negotiations of the buyer’s offer.

The purchase agreement is a legally binding contract between you and the buyer. This document outlines the final terms and conditions of the sale, including the purchase price, closing date, contingencies, and obligations for both parties. It should contain the outcomes of the negotiations made based on the buyer’s offer.

How to get it: Sometimes the buyer’s agent can write up the purchase agreement. However, this may not be possible in all states or situations. In that case, you will likely need to write up this document. You can find free or paid documents online. You may want to consider consulting a real estate attorney or low-commission real estate agent for assistance with this document.

Home inspection report

Once the purchase agreement has been signed, a buyer may request a home inspection. Created by a licensed home inspector, the report outlines the condition of the property, including any potential issues or repairs.

How to get it: The buyer typically arranges and pays for this inspection.

Appraisal report

An appraisal report is completed by a licensed appraiser. It provides the buyer’s lender with a professional assessment of the property’s worth and helps determine the loan amount.

How to get it: The buyer or their lender typically orders the appraisal as part of their financing process.

Closing documents

Closing is the final phase of the real estate transaction. Critical documents are required to prevent delays.

You’ll want to review all documents prior to closing to ensure everything is accurate and to ask any questions before closing.

You can hire a real estate attorney to help prepare and draft the closing documents. They may also assist with a title search, coordinating the closing date, and ensuring the money is distributed correctly at the sale.

The common paperwork needed at this phase could include:

Deed

The deed is a legal document that transfers the ownership of your property to the buyer. It also includes a description of the property.

This document must be notarized and filed with the correct agency, often your county recorder’s office. The buyer also receives a copy of the deed.

How to get it: If you don’t have a copy of the deed, you can contact your recorder’s or assessor’s office for one. You can also get a copy through a real estate attorney or a title search.

Closing statement/settlement statement

The closing statement, also called the settlement sheet, provides a detailed listing of all the financial transactions, fees, and expenses related to the sale. It also includes what each party will pay or receive at closing.

It’s important to review this document before the closing. If there are any inaccuracies, you’ll want to address them before closing day, or your closing may be delayed.

How to get it: The closing agent or attorney will typically prepare this document.

Proof of repairs

If your purchase agreement included you making repairs, you’ll need to provide documentation that the repairs were done. Proof of repairs may include receipts or invoices. If repairs were required, this will typically be a contingency in the sale agreement.

How to get them: Gather receipts or invoices from the contractors or repair services that did the work. If you did the work yourself, you’ll need a signed statement with photos or descriptions of the work.

Bill of sale

The bill of sale transfers the ownership of any personal property included in the home sale, like furniture and appliances. These items are separate from the sale of the home itself.

How to create it: You can find a bill of sale template online or ask a real estate attorney for help.

Property tax records

The property tax records show the history of taxes paid on the home. It can help the buyer understand their future tax obligations. Additionally, it can help you understand what property taxes you still owe at closing and what the buyer will need to pay.

How to get it: You can access property tax records through your local tax assessor’s office or online.

1099-S tax form

The 1099-S tax form is an IRS document used to report real estate transactions for tax purposes. It also helps the seller document any capital gains.

How to get it: Your closing agent or real estate attorney may prepare and file this form with the IRS. But you’ll want to check if you need to do this yourself, especially if your closing is not being overseen by an agent or attorney. In this case, you may want to consult an accountant or tax specialist to ask whether it’s needed and file it correctly if so.

Where to find free paperwork for selling a house FSBO

Online resources

You can find some for sale by owner forms online for free, but some documents will cost money.

When using online resources, look for reliable online sources, such as state or local government websites or those whose content is created by licensed lawyers. Some free and paid online options for FSBO forms include:

• LawDepot
• USLegal
• eForms
• RocketLawyer

You can also contact your local realtor’s association or state real estate commission. You may be able to find some forms you can download from their website. However, some forms may only be available for licensed real estate agents.

Keep in mind that document requirements can vary by state. So use any free templates and resources cautiously, and always look for ones specific to your location.

Even then, the forms may not be 100% accurate or aligned with your needs. Your best option is to consult with a realtor or real estate attorney to avoid legal pitfalls.

Free FSBO paperwork by state: Purchase agreement and Seller disclosure

Use a flat-fee MLS service

A flat-fee MLS service typically focuses on getting your home listed on the multiple listing service without a realtor and across the web. Many will also provide some assistance with paperwork.

If you’re considering a flat-fee MLS service, you’ll want to compare the options available for different companies in your area. Prices can vary from as low as $200 for basic services to $600 or more, especially if you’re adding services like assistance with paperwork. So you’ll want to carefully review to ensure the cost is worth it for you.

Different companies provide a range of services. Some services may be free or be billed a la carte, including access to paperwork forms, pricing assistance, or contract review by a professional.

Work with the buyer’s agent and their broker

If your prospective buyer is represented by an agent, you may be able to work with the buyer’s agent to meet your paperwork requirements.

Keep in mind that they represent their client’s (the buyer’s) best interests. However, their goal is also to close the deal so these arrangements can work.

If you’re considering this option, make sure they are experienced with working FSBO sellers and have the necessary seller documents available. They may also expect some form of compensation for assisting you, but it could be worth it to ensure everything is done correctly.

The bottom line

Selling a house on your own takes time and effort. If you’re comfortable with the selling process, staying organized, and completing paperwork for selling a house without a realtor, FSBO may work for you.

However, if you’re unfamiliar with the selling process, have limited time, or have a difficult-to-sell property, you may want to consider working with an agent. A low-commission agent can save you money while also providing you with the guidance and expertise to ensure your paperwork is completed correctly and filed appropriately. An agent can assist you with marketing, pricing, and negotiating your contract so you get the most value out of your home.

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