Paperwork for selling a house by owner
Here's the reassuring truth about by-owner paperwork: you are not expected to draft any of it from scratch, and the sellers who do this successfully don't try. State forms, a title company, and (in many cases) a flat-fee attorney consult cover the stack. What you need is to know what each document is, who produces it, and where the real risk lives. That last part is short: disclosures.
The document stack, in order of appearance
Before listing
| Document | What it is / who produces it |
|---|---|
| Deed & mortgage statement | Proof of what you own and owe. Request a payoff quote from your lender (it's higher than your statement balance, because of accrued interest). |
| Flat-fee MLS listing agreement | The contract with the listing brokerage if you're using one. Read the fine print first. |
| Seller's property disclosure | The state-mandated form where you declare known defects. See the warning below. This is the one document that sues sellers. |
| Lead-based paint disclosure | Federal requirement for homes built before 1978. Not optional, not state-dependent. |
When an offer arrives
| Document | What it is / who produces it |
|---|---|
| Purchase agreement | The contract. Usually arrives drafted by the buyer's agent on the state Realtor-association form; your job is to understand every contingency before signing. This is the moment for the attorney consult. |
| Counteroffer / amendment forms | Every negotiated change goes in writing on these: price, repairs, dates. Verbal agreements don't exist in real estate. |
| Escrow instructions | Opened with the title/escrow company once you're under contract; they take the transaction from here. |
At closing
| Document | What it is / who produces it |
|---|---|
| Title commitment & new deed | Title company searches the title, clears liens, and prepares the deed transferring ownership. You sign; they record it. |
| Settlement statement | The line-by-line money: price, payoff, taxes, fees, your proceeds. Read every line before signing. This is where surprise fees surface. |
| Affidavits & tax forms | Occupancy/title affidavits, IRS reporting (1099-S), state transfer forms. The closing agent prepares these; you sign. |
The one that actually bites: disclosures
Nearly every legal problem in by-owner sales traces to the disclosure form. The rule that keeps you safe is simple: when in doubt, disclose. A known roof leak, that basement seep from two winters ago, the unpermitted bathroom. Writing it down costs you a little negotiating room today; concealing it can cost you the sale price in court later. Disclosure requirements are state-specific (a few states are "buyer beware," most are not), which is exactly the question a one-hour attorney consult answers for a flat fee.
Where the professionals fit (and what they cost)
A title or escrow company runs closing in most states; some states require an attorney to conduct it. Either way, the closing professionals produce most of this stack. You're reviewing and signing, not drafting. Budget for one attorney touchpoint even where it's optional: contract review plus on-call availability for the offer moment, commonly available at flat rates. The cost guide puts numbers on all of this.
Selling to someone you already know?
If your buyer is a neighbor, friend, tenant, or family member, this page is almost the whole project: no listing, no marketing, just the contract, disclosures, title, and closing done correctly. It's the simplest sale in real estate. Still do the disclosure form properly (relationships are the last place to skip it), still use a title company, and still run your numbers so the price discussion starts from evidence.