Updated October 2026. Checked against federal rules and the state statutes linked below, read October 31, 2026.
To sell a house by owner, you need about 15 documents as of October 2026, in five stages: before you list, listing, offer, under contract and closing. For the tasks that go with them, follow our step-by-step FSBO checklist. You prepare four to six yourself: proof you own the home, your state’s seller disclosure, a lead paint form if the home was built before 1978, and the signed contract. The title company or closing attorney drafts most of the rest.
Want the forms without the hunt? Every Beycome package includes your state’s legal forms and disclosures, with e-signature. They sit in your dashboard under Legal Forms, so you’ll need to sign in first. Packages start at $99 with $0 due to Beycome at closing on our flat fee MLS page.
Jump to: 📋 Checklist · 📍 By state · 🆓 Free forms · 🤝 Contract · 🏠 Closing · ❓ FAQ
Key takeaways
- You fill out 4 to 6 documents yourself. A title company or attorney drafts most of the closing set.
- Homes built before 1978 need a federal lead paint disclosure, the EPA pamphlet and a 10-day testing window for the buyer.
- Late disclosures let buyers walk away: within 7 days in Texas, 3 days in North Carolina and 72 hours in Michigan when handed over in person.
- Many state commissions post their disclosure forms free online, and Beycome includes your state’s forms in every package.
For the whole sale, from pricing to closing, see our guide on how to sell a house by owner, step by step.
What paperwork do you need to sell a house by owner, stage by stage?
Here’s the full FSBO paperwork set, in order. The “who prepares it” column is what most owners get wrong: you don’t draft a deed or a settlement statement. You check them and sign.
| Stage | Document | Who prepares it | Required by |
|---|---|---|---|
| 1. Before you list | Copy of your current deed | You (county recorder or your old closing file) | Proof of ownership |
| 1. Before you list | Mortgage payoff estimate | Your lender | Lender |
| 1. Before you list | Seller property disclosure | You, on your state’s form | State law (varies) |
| 1. Before you list | Lead-based paint disclosure and EPA pamphlet (pre-1978 homes) | You | Federal law (EPA and HUD) |
| 2. Listing | MLS listing agreement, if you use a flat-fee broker | The broker; you sign | MLS and state license law |
| 2. Listing | HOA or condo resale documents | The association, on request | State law and the HOA |
| 3. Offer | Purchase and sale agreement plus addenda | Often the buyer’s agent, on a state form; you review and sign | State contract law |
| 4. Under contract | Earnest money receipt | Title company, escrow agent or attorney | The contract |
| 4. Under contract | Inspection and repair amendments | Whoever wrote the contract; both sides sign | The contract |
| 4. Under contract | Title commitment and survey | Title company and surveyor | Buyer’s lender and title insurer |
| 5. Closing | Seller settlement statement | Settlement agent | Lender rules and the contract |
| 5. Closing | New deed to the buyer, signed before a notary | Title company or attorney | State recording law |
| 5. Closing | Non-foreign (FIRPTA) certification | Settlement agent; you sign | Federal tax law |
| 5. Closing | Form 1099-S or a principal residence certification | Settlement agent | IRS |
| 5. Closing | Bill of sale for items that stay | Attorney, title company or a state form | Optional |
Keep a folder with one section per stage. When the lender or title company asks for something, you’ll have it the same day.
Which documents should you get before you list?
Five things, and they take a week at most. Then you can say yes the day a good offer comes in.
Your deed and old closing file
Find the deed from when you bought. It’s a public record, so your county recorder usually has a copy. Check that the names match how you’ll sign. If an owner has died, divorced or moved the home into a trust, sort that out now. Our guides on selling a house held in a trust and selling a parent’s house after a death cover the extra papers.
A payoff estimate
Ask your lender for a payoff estimate, so your price clears the loan. The closing agent orders the final one later.
Your seller disclosure
Most states have a standard form. Answer every question with what you know. Leaving a known problem off the form is the mistake that leads to lawsuits. “As is” doesn’t erase a duty to disclose.
The lead paint packet, if the home is older
For homes built before 1978, federal rules say you must give the buyer the EPA pamphlet “Protect Your Family From Lead in Your Home.” You also share any lead reports you have, add a lead warning statement to the contract and give the buyer 10 days to test. The buyer can waive the test in writing. Keep the signed copy for 3 years after closing.
HOA documents
If there’s an HOA, ask what its resale packet costs and how long it takes. Some need a week or more.
What we tell sellers
The deed is rarely the problem. The papers that cause stress are the ones nobody thinks about until a buyer asks: permits for past work, a roof warranty and HOA documents. Order the HOA packet and your payoff the week you list, since both run on someone else’s clock. And find your old survey. If the buyer’s title insurer accepts it, you may skip a new one.
What seller paperwork does each state require?
Disclosure rules change the most by state. Here’s the main seller form, the catch and who usually closes, in each place where Beycome lists, as of October 31, 2026.
| State | Main seller disclosure | Deadline or catch | Closing usually run by |
|---|---|---|---|
| Alabama | No state form; buyer beware for used homes | Still disclose health and safety defects, and answer questions truthfully | Title company or attorney |
| California | Transfer Disclosure Statement (Civil Code §1102), plus a hazard disclosure | Late: buyer can cancel within 3 days, or 5 if mailed | Escrow or title company |
| Connecticut | Residential condition report (§20-327b) | Not given: you credit the buyer $500 at closing | Attorney, by local practice |
| District of Columbia | Seller’s disclosure statement (D.C. Code §42-1302) | Late: buyer can cancel within 5 calendar days | Title company or attorney |
| Florida | Known defects (Johnson v. Davis), plus flood (§689.302) and tax (§689.261) forms | Flood and tax forms at or before the contract | Title company or attorney |
| Georgia | No required form; a standard seller’s disclosure is common | No general cooling-off period after signing | Attorney (closing is the practice of law) |
| Illinois | Residential Real Property Disclosure Report (765 ILCS 77) | Before the contract is signed | Attorneys for each side are common |
| Indiana | Seller’s disclosure (IC 32-21-5), plus Sales Disclosure Form 46021 at closing | Before an offer is accepted | Title company |
| Maryland | Disclosure or disclaimer statement (Real Property §10-702) | Late: buyer can cancel within 5 days | Title company |
| Michigan | Seller’s Disclosure Statement (MCL 565.957) | Late: buyer can cancel within 72 hours, or 120 if mailed | Title company |
| Minnesota | Material facts in writing (§513.55), plus well and septic disclosures | Before the agreement is signed | Title company or attorney |
| North Carolina | Property, HOA and mineral rights disclosures (G.S. 47E) | Due by the offer; late: buyer can cancel within 3 days | Attorney |
| Ohio | Residential Property Disclosure Form (R.C. 5302.30) | Late: buyer can rescind within 3 business days | Title company |
| Pennsylvania | Seller’s Property Disclosure Statement (68 Pa.C.S. §7301) | Before the agreement of sale | Title company |
| South Carolina | Residential Property Condition Disclosure Statement (§27-50-40) | Before the contract | Attorney supervision required |
| Tennessee | Disclosure, or a disclaimer if the buyer waives it (§66-5-202) | Before the contract is accepted | Title company or attorney |
| Texas | Seller’s Disclosure Notice (Property Code §5.008) | Late: buyer can cancel within 7 days | Title company |
| Virginia | Real Estate Board disclosure (§55.1-702) | Late: buyer can cancel within 3 days, or 5 if mailed | Settlement agent the buyer picks |
Florida has no single disclosure statute for resales. Its Supreme Court ruled in 1985 that a seller who knows of facts that materially affect value, and that a buyer can’t readily see, must disclose them. In South Carolina, the state Supreme Court requires a lawyer to supervise the closing, the deed and the recording.
Our state guides add taxes and local rules, like selling by owner in Florida and selling by owner in Texas.
Where can you get free forms for selling a house by owner?
Start with your state. Several real estate commissions post their seller disclosure forms free online, including Texas (TREC), South Carolina, Ohio, Maryland and Virginia; our guide to selling a house in Maryland without a realtor shows when that state’s form is due. The EPA’s lead pamphlet and sample lead disclosure forms are free too.
The contract is the tricky one. In some states the standard form belongs to the Realtor association, so ask your title company which form local buyers use. Wondering whether you need a broker to sell your house at all? It’s your choice. A generic web contract often misses state deadlines.
With Beycome, you don’t buy forms one by one. Your state’s legal forms and disclosures come with every package, starting with Basic. Sign in to your dashboard and open Legal Forms to fill them out and send them for e-signature. If you agree to pay a buyer’s agent, there’s also a free “Compensation Agreement – Seller to Buyer’s Broker” template there.
What contract do you use to sell a house by owner?
Use your state’s standard residential purchase contract when there is one. Buyers’ agents and lenders know these forms, so a deal moves faster on them. To see where each one fits in the sale, follow our 7-step checklist for doing for sale by owner.
In Texas, for example, the Real Estate Commission publishes the One to Four Family Residential Contract (Resale), form 20-19, effective July 1, 2026. Your job is to read every blank: price, earnest money, financing, inspection period, closing date, what stays and who pays which costs. Carrying the loan yourself? See how seller carry-back financing works.
Watch buyer’s agent pay. Since August 17, 2024, offers of pay to a buyer’s agent can’t appear on the MLS. If you agree to pay it, or to give the buyer a credit, put it in the contract or a signed side agreement. Agent pay isn’t set by law and is fully negotiable. You choose whether to offer any.
We have state guides for drafting the contract yourself:
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Buy a home →- Florida FSBO contract, Texas, California and Georgia.
- North Carolina, South Carolina, Tennessee and Alabama.
- Illinois, Indiana, Michigan, Minnesota, Ohio and Connecticut.
What paperwork happens at closing, and who does it?
Once you sign the contract, the closing agent takes over most of the drafting. That’s a title company in most states, or an attorney where the law or local custom calls for one. You’ll do four things.
- Send the signed contract, your ID and lender details to the title company.
- Review your settlement statement a few days before. Check the price, payoff, prorated taxes and any credit you agreed to.
- Sign the deed in front of a notary, plus the non-foreign (FIRPTA) certification. If you’re not a US person for tax purposes, the buyer generally must withhold 15% of the amount realized, with some exceptions.
- Sign the tax certification. The settlement agent files Form 1099-S unless you certify the home was your main home and the whole gain is excludable: up to $250,000, or $500,000 if married.
The buyer’s lender must give the buyer a Closing Disclosure at least 3 business days before closing. Yours is the seller statement, and you should see it before signing day too.
After closing, the deed gets recorded. Keep your contract, disclosures, settlement statement and proof of payoff. The IRS says to keep property records until the limitation period runs out for the year you sell, which for most people is 3 years after filing.
Beycome Title can handle the closing in Florida, Texas, Michigan, Ohio, Illinois and Indiana. Its settlement fee is $99 in Florida when prepaid on beycome.com, and $299 in Texas. For what else gets paid at the table, see who pays closing costs when selling a home.
Do you need a lawyer to sell your house without a realtor?
Not in most states. You do need a licensed party to close the deal and record the deed, which is usually a title company. A few states, like South Carolina and Georgia, need an attorney for the closing.
A lawyer’s contract review is still smart if your sale has a twist, like a trust, an estate, a divorce or seller financing. Ask for a flat fee.
How does Beycome handle the paperwork with you?
Every package includes your state’s legal forms, e-signature, unlimited listing changes and the Artur AI assistant, which helps you read and answer offers on Basic and Enhanced. You accept, counter or reject in your dashboard.
Basic is $99 and Enhanced is $399. Concierge is $1,399. It adds an expert who works with you on negotiation, always on your side, plus a closing coordinator and help with documents. Every decision stays yours. All three have $0 due to Beycome at closing, and you can cancel at no charge.* Compare them on our flat-fee MLS listing page, or see Concierge with full support.
See how long it takes to list a house and which listing agreement you sign.
Frequently asked questions
What paperwork do I need to sell my house without a realtor?
Your deed, a payoff estimate, your state’s seller disclosure, a lead paint form for pre-1978 homes and a signed contract. At closing you sign a new deed, a settlement statement and tax forms that the title company prepares.
Where can I get free forms for selling a house by owner?
Your state’s real estate commission often posts the seller disclosure for free, and the EPA posts the lead pamphlet and sample lead forms. Beycome includes your state’s legal forms in every package, in your dashboard under Legal Forms (sign-in needed).
What FSBO paperwork does my state require?
Most states require a seller disclosure form before the contract, such as Texas’s Seller’s Disclosure Notice or Ohio’s Residential Property Disclosure Form. Alabama and Georgia have no required form. The state table above lists the form and deadline for each state where Beycome lists.
Do I need a lawyer to sell my house by owner?
In most states, no. A title company can close the sale. Some states, such as South Carolina and Georgia, need an attorney for the closing. A lawyer’s contract review is a good idea for trusts, estates or unusual terms.
What contract do I use to sell my house by owner?
Use your state’s standard residential purchase contract if one exists, such as TREC form 20-19 in Texas. Agents and lenders know these forms, and they include state deadlines and notices.
Who prepares the deed when I sell by owner?
The title company or closing attorney. You check the names and legal description, then sign it in front of a notary at closing. The closing agent records it with the county.
Can I sell my house as is and skip the disclosures?
No. “As is” means you won’t make repairs. It doesn’t remove your duty to disclose known defects under your state’s law, or the federal lead paint rules for homes built before 1978.
What is Form 1099-S and do I have to file it?
It reports the sale to the IRS. The settlement agent files it, not you. It isn’t needed if you certify the home was your main home and the gain is fully excludable.
How long should I keep my home sale paperwork?
Keep the lead paint disclosure for 3 years after the sale. Keep the contract, settlement statement and improvement records until the tax limitation period ends, usually 3 years after filing.
Reviewed by Beycome Brokerage Realty LLC, a licensed real estate brokerage. Licenses are listed at beycome.com/faq/how-to/are-you-a-licensed-broker/.
Prices as of November 2026: Basic $99, Enhanced $399, Concierge $1,399; Basic is $129 in California and Illinois.
“$0 at closing” means no Beycome fee at closing. Other closing costs, taxes, title fees and any buyer’s agent pay you agree to still apply.
* Cancel free means no cancellation fee, not a refund; there’s no refund once the listing is live. Georgia MLS charges a $25 cancellation fee, and listings under contract can’t be canceled.
Real estate commissions and buyer’s agent pay are not set by law or by NAR rules and are fully negotiable. Sellers choose whether to offer any compensation to a buyer’s agent, and how much; since August 17, 2024, those offers can’t be shown on the MLS.
Beycome Title: Florida, Texas, Michigan, Ohio, Illinois and Indiana. Brokerage services are provided through affiliated licensed brokerages in 18 states and DC.
Statutes and forms are quoted as published on October 31, 2026. This is general information, not legal or tax advice; rules vary by state, county and MLS.
Sources (state statutes read October 31, 2026)
- EPA, real estate disclosures about potential lead hazards.
- IRS, FIRPTA withholding.
- IRS, Instructions for Form 1099-S.
- IRS, how long should I keep records.
- CFPB, what is a Closing Disclosure.
- Texas Property Code §5.008.
- TREC, resale contract form 20-19.
- California Civil Code §1102.3.
- Johnson v. Davis, 480 So. 2d 625 (Fla. 1985).
- Florida Statutes §689.261, property tax disclosure summary.
- Florida Statutes §689.302, flood disclosure.
- South Carolina Bar, Ethics Advisory Opinion 09-01.
- South Carolina Code, title 27, chapter 50.
- Alabama REALTORS, caveat emptor.
- Connecticut §§20-327b and 20-327c.
- D.C. Code §42-1302, seller disclosure.
- Georgia REALTORS, legal FAQs.
- 765 ILCS 77/20 (Illinois).
- Indiana Code 32-21-5-10 and Indiana DLGF, Sales Disclosure Form.
- Maryland Real Property §10-702.
- Michigan MCL 565.954.
- Minnesota Statutes §513.55.
- North Carolina G.S. 47E-5.
- Ohio Revised Code 5302.30.
- Pennsylvania, 68 Pa.C.S. chapter 73.
- Tennessee Code §66-5-202 (USLegal copy).
- Code of Virginia §55.1-709.
- NAR, what the settlement means for buyers and sellers.
- Beycome, listing package features, October 2026.
Disclosure & Disclaimer
Beycome provides real estate services through affiliated licensed brokerages and has a commercial interest in the services and business models discussed on this blog. Content reflects Beycome’s perspective and may promote our services; it should not be treated as independent or neutral reporting.
Articles are provided for general informational and educational purposes only, not as financial, tax, legal, or investment advice or a recommendation for your particular situation. Reading this blog does not create a brokerage, advisory, or other professional relationship.
Information, opinions, pricing, service descriptions, and comparisons reflect the sources and information available when an article was published or last updated and may change. Although we aim for accuracy, we do not guarantee that all content is complete, current, or applicable to your circumstances. Laws, market conditions, and service availability vary by location. Examples and estimated savings are illustrative, depend on stated assumptions, and do not guarantee individual results.
Verify relevant information directly and consult qualified professionals before making decisions. Beycome services are subject to applicable agreements, eligibility requirements, and state-specific terms.
