Selling your house without a realtor means taking on all the paperwork yourself. That is a manageable task when you know exactly what documents are required, where to get them, and what each one does. The challenge is that required disclosures and document requirements vary significantly by state, which means there is no single universal checklist that applies to every FSBO sale. This guide covers the core documents every FSBO seller needs, the state-specific requirements you will need to verify locally, and how to make sure your paperwork protects you legally.
Before relying on any checklist, consult a real estate attorney or licensed title company in your state. FSBO paperwork requirements vary too much from state to state for a general guide to be your only source of truth.
The core FSBO documents: what every seller needs
Regardless of state, every home sale requires a base set of documents. Here is what they are and what they do.
1. Purchase and sale agreement
The purchase agreement is the most important document in the transaction. It is a legally binding contract between you and the buyer that covers:
- Sale price and earnest money deposit amount
- Closing date
- Contingencies: financing, inspection, and appraisal
- What is included in the sale (fixtures, appliances, personal property)
- Remedies if either party defaults
- Deadlines for contingency removal
Many FSBO sellers obtain a state-specific purchase agreement template from their state’s association of realtors or from a real estate attorney. Do not sign a generic template from the internet without having a real estate attorney confirm it meets your state’s current requirements. The purchase agreement is where the majority of deal disputes begin.
2. Seller’s disclosure statement
Every state requires sellers to disclose known material defects to buyers in writing. A material defect is anything that could meaningfully affect the property’s value or the buyer’s decision to purchase. Common disclosure topics include:
- Water damage, flooding, or drainage issues
- Roof condition, age, and repair history
- Foundation and structural issues
- HVAC system condition and age
- Presence of mold, asbestos, or radon
- Electrical or plumbing problems
- Pest damage or infestation history
- Neighborhood nuisances or known planned changes nearby
The form itself varies by state. Some states have a multi-page standardized form; others leave the format open and require only that specific categories be addressed in writing. Failing to disclose a known material defect can expose you to lawsuits, rescission of the sale, and financial damages long after closing.
Because disclosure requirements vary so much by state, always work with a real estate attorney or title company in your state to get the correct form and confirm what must be disclosed before you list.
3. Lead-based paint disclosure
Federal law requires sellers of homes built before 1978 to provide buyers with a specific lead-based paint disclosure form and an EPA pamphlet titled “Protect Your Family From Lead in Your Home.” This requirement applies to every home sale nationwide, FSBO or otherwise. The disclosure informs buyers of any known lead-based paint or hazards, gives them 10 days to test for lead (unless they waive this), and requires seller and buyer signatures.
This is one of the few paperwork requirements that is federal, not state-specific. If your home was built before 1978, this form is required.
4. Title commitment and title insurance
A title company searches public records to confirm that you have clear, marketable title to the property: no outstanding liens, judgments, undisclosed mortgages, or ownership disputes. They then issue a title commitment, which is a promise to provide title insurance at closing.
Title insurance protects the buyer (and their lender, if any) against title defects that were not found in the search. In most FSBO sales, the buyer’s lender requires a lender’s title policy. Many buyers also purchase an owner’s title policy. The title company handles all of this as part of the closing process.
You do not arrange title insurance yourself. The title company or closing attorney you select to handle the transaction manages it.
5. Deed
The deed is the document that legally transfers ownership from you to the buyer. You do not write or prepare the deed yourself. The title company or closing attorney prepares it based on the information in the purchase agreement, the title search results, and your identification. After closing, they record the deed with your county, which creates the official public record of the transfer.
Common deed types include warranty deeds (in which you warrant clear title) and quitclaim deeds (in which you transfer whatever interest you have without warranty). The appropriate type depends on your situation and state. Your title company or attorney will advise you.
6. Closing disclosure
The closing disclosure (CD) is a detailed statement of every dollar changing hands in the transaction: the sale price, any seller concessions, prorated property taxes, title fees, recording fees, payoff of your existing mortgage, and your net proceeds. The title company or closing attorney prepares this document.
Review the closing disclosure carefully before closing day. Verify that the sale price matches your contract, that any concessions are reflected correctly, and that your mortgage payoff amount is accurate. Flag any numbers that differ from what you negotiated and have them corrected before you sign.
State-specific documents you may also need
In addition to the core documents above, many states require additional paperwork. The list varies significantly; the following are examples, not a complete state-by-state inventory.
| Document Type | Who Commonly Requires It | What It Covers |
|---|---|---|
| Transfer disclosure statement | California and some other states | Seller’s knowledge of property condition |
| Natural hazard disclosure report | California | Flood, fire, seismic, and other hazard zones |
| Residential property disclosure | Ohio, Indiana, and others | General property condition questions |
| Radon disclosure | Some Midwestern states | Radon testing results or waiver |
| HOA documents (CC&Rs, financials, minutes) | Any home with an HOA | Rules, dues, and financial health of the association |
| Well and septic disclosure | Rural properties in many states | Condition and location of systems |
| Transfer tax forms | States or counties with transfer taxes | Filing for documentary transfer tax |
| Smoke and carbon monoxide detector certification | California and others | Confirmation detectors are installed and functional |
This is not an exhaustive list. The only reliable way to know what is required in your state is to consult a real estate attorney or a licensed title company who handles closings in your specific area.
FSBO paperwork timeline
Understanding when each document is needed helps you avoid last-minute scrambles.
| Stage | Documents Needed |
|---|---|
| Before listing | Seller’s disclosure statement, HOA documents (if applicable) |
| When accepting an offer | Signed purchase and sale agreement, lead-based paint disclosure (if pre-1978 home) |
| After contract: inspection period | Inspection reports, any repair agreements or credits in writing |
| During escrow | Title commitment from title company |
| Closing day | Deed (prepared by title company), closing disclosure, government ID |
| After closing | Recorded deed (mailed to you by title company), copy of all signed documents |
Green flags and red flags in FSBO paperwork
Green flags:
- You have a state-specific purchase agreement reviewed by a local real estate attorney
- Your disclosure forms are the official forms used in your state, not a generic template
- You are closing through a licensed title company or closing attorney
- The buyer’s agent (if any) has provided you with a copy of their buyer representation agreement
Red flags that should prompt immediate legal review:
- A buyer asks to skip the title company and close informally
- You are asked to sign a document you have not read fully or that contains blanks
- The buyer is using a purchase agreement template they wrote themselves with no professional involvement
- A buyer offers to pay more if you skip certain disclosures or inspections
Where to get state-specific FSBO forms
- Your state’s association of realtors (many make forms available to the public for a nominal fee)
- A real estate attorney licensed in your state
- Your local title company (many provide standard forms as a courtesy)
- State government housing or real estate regulatory websites
For a state-specific walkthrough of how disclosures and paperwork work in practice, the guide to selling a house without a realtor in Wisconsin shows how one state’s requirements play out from listing through closing.
The bottom line
Every FSBO sale requires a purchase agreement, seller’s disclosures, a lead-based paint disclosure (for pre-1978 homes), title work, a deed, and a closing disclosure. The specific forms and additional required documents vary significantly by state. Working with a real estate attorney to review your disclosures and purchase agreement, and closing through a licensed title company or closing attorney, are the two professional services no FSBO seller should skip.
If you want to sell without a realtor and without managing any of this paperwork yourself, a direct cash buyer handles the entire transaction through their team. There are no disclosures for you to complete, no purchase agreement to negotiate, and no title fees for you to coordinate. You can request a no-obligation cash offer from Homewise and see what a straightforward, paperwork-light sale looks like for your home.
For more guidance on how the transaction works from offer to close, see our overview of how it works.
