Legal and documents · 9 min read
Documents you need to sell a house yourself
The short answer
Selling without an agent does not mean handling a stack of mystery forms alone. The paperwork falls into three clear stages, and a title or escrow company prepares most of the closing documents for you. This guide lists each document, who produces it, and why it matters, so nothing surprises you mid-sale.
Selling your own home is not really a paperwork problem. It feels like one before you start, because the documents are unfamiliar and arrive at different moments, but in practice the forms fall into three predictable stages, and a title or escrow company prepares most of the documents at the end for you. Your job is to know what each one is, who produces it, and when it is due, so nothing catches you off guard.
This guide is a staged checklist. We group every document into before listing, under contract, and at closing, note who produces it, and explain why it matters. State practice varies, so treat this as the national map and confirm the specifics for your own state. For the disclosure forms in particular, read our deeper guide on seller disclosures and documents, and for the money side see closing and costs.
This is general information, not legal or tax advice. Some states require a licensed attorney to prepare the deed or run the closing, and tax outcomes depend on your own numbers, so confirm both with a professional.
Stage 1: before you list
These are the documents you gather to prove you own the home, show what is attached to it, and answer the questions a serious buyer will ask. You produce or locate all of them. Doing it before you list, rather than scrambling once you are under contract, keeps the sale moving.
| Document | Who produces it | Why you need it |
|---|---|---|
| The deed | You already hold it; the county has the recorded copy | Proves you own the home and shows exactly how title is held |
| Original purchase contract and prior closing statement | You (from when you bought) | Establishes your cost basis for taxes and shows what conveyed with the home |
| Mortgage payoff statement | Your lender or loan servicer | The exact amount, including per-day interest, to clear the loan at closing |
| Property survey or plat | You, or order a new one | Shows boundaries, easements, and encroachments; buyers and title companies often ask |
| HOA documents and CC&Rs | Your HOA or management company | Dues, rules, assessments, and restrictions the buyer must receive |
| Warranties and manuals | You | Transferable warranties on the roof, appliances, HVAC, or a recent renovation add value |
| Receipts for improvements | You | Document upgrades that raise your basis and lower a potential taxable gain |
| Optional pre-listing inspection | A licensed home inspector you hire | Surfaces problems early so you can fix, price, or disclose them on your terms |
A few of these deserve a note.
The deed. You do not need to do anything with your existing deed yet; you simply confirm you have it and that the names and vesting on it match how you intend to sell. A new deed gets prepared later, at closing, by the closer. Keep the old one handy because the title company will reference it.
The mortgage payoff statement. Your monthly statement balance is not the payoff figure. A payoff statement, which you request from your servicer, gives the exact amount to satisfy the loan on a specific date, including interest accruing each day and any fees. Request it as you approach closing so it is current.
The pre-listing inspection. This is optional and it cuts both ways. A clean report is a marketing asset and heads off surprises during the buyer’s inspection. But once you know about a defect, you generally have to disclose it, so an inspection can create disclosure obligations you would not otherwise have. Read seller disclosures and documents before you decide.
Stage 2: once you are under contract
These documents govern the deal itself. They get created and signed in the window between accepting an offer and closing. The purchase agreement and addenda are negotiated between you and the buyer; the disclosures are forms you complete; some states publish the standard versions.
The residential purchase agreement
This is the contract. It states the price, the deposit, the financing and inspection contingencies, what conveys with the home, the closing date, and how disputes are handled. Many states have a standard residential purchase agreement, and the buyer’s side often supplies one. Because it is the document that binds you, this is the one many for-sale-by-owner sellers have an attorney draft or review even when state law does not require it. See offers and negotiation for how the terms get set and do I need a lawyer to sell my house for when to bring one in.
The property condition disclosure
Most states require the seller to give the buyer a standard form disclosing what you know about the home’s condition: the roof, systems, water, past leaks or flooding, pests, and known defects. The form is usually published by your state, and you fill it out. It is about what you know, not a warranty, but failing to disclose a known material defect is one of the most common sources of post-sale lawsuits. Our seller disclosures and documents guide covers state-by-state variation and how to fill it out honestly.
The federal lead-based paint disclosure
If your home was built before 1978, federal law adds a layer on top of any state disclosure. Before the contract is binding, you must:
- give the buyer the EPA pamphlet “Protect Your Family From Lead in Your Home,”
- disclose any known lead-based paint or hazards and hand over any related records or reports you have,
- include a lead warning statement in the sales contract, with signatures, and
- allow the buyer a 10-day period to conduct a lead inspection or risk assessment (the parties can agree in writing to a different period, and the buyer can waive it).
You are not required to test for or remove lead, only to disclose what you know and provide the pamphlet and warning. You must keep the signed disclosure for three years. Homes built in 1978 or later are exempt. These requirements come straight from the EPA and HUD rule under Section 1018 of Title X.
Counteroffers and addenda
Almost no deal closes on the first set of terms. Every counteroffer, every amendment to price or dates, every inspection-response addendum, and any contingency removal is its own signed document that becomes part of the contract. Keep them all together and in order; the closer and, if anything goes wrong later, a court will read them as one agreement.
Stage 3: at the closing table
Here is the stage that intimidates first-time sellers, and it is the stage where you do the least drafting. A title company, escrow company, or settlement attorney prepares most of these documents and walks you through signing them. Your job is to review them for accuracy and bring valid ID.
| Document | Who produces it | What it does |
|---|---|---|
| Settlement or closing statement | Closer (title/escrow/attorney); lender issues the Closing Disclosure | Final line-by-line accounting of price, payoffs, prorations, and net to each side |
| The new deed | Closer or a real estate attorney | Legally transfers title to the buyer; you sign it before a notary |
| Affidavit of title | Closer | Your sworn statement that there are no undisclosed liens, disputes, or unpaid work |
| Bill of sale | Closer or you | Transfers personal property included in the sale (appliances, furniture) |
| Mortgage payoff | Your lender, paid through the closer | Clears your loan so the buyer takes clear title |
| IRS Form 1099-S | The settlement agent | Reports your sale proceeds to the IRS, unless an exception applies |
The settlement statement and the Closing Disclosure
The settlement statement is the financial heart of the closing: a single accounting that shows the sale price, your loan payoff, prorated taxes and HOA dues, the buyer’s deposit, every closing cost, and the net amount you walk away with. When the buyer is financing, the lender issues a five-page Closing Disclosure, the form that since October 3, 2015 replaced the old HUD-1 settlement statement for most mortgages. Read it line by line against what your contract says. For a full breakdown of who pays what, see closing and costs.
The deed and the affidavit of title
The deed is what actually conveys ownership. It is drafted by the closer or an attorney, not by you, because an error here can cloud the title for years. You sign it in front of a notary, and it is then recorded with the county. The affidavit of title is a companion sworn statement: you attest that you are the owner, that there are no undisclosed liens, judgments, bankruptcies, boundary disputes, or recent unpaid contractor work that could turn into a lien. It supports the title search and the buyer’s title insurance. An owner’s title insurance policy protects the buyer against title defects the search did not catch, such as forgery or an unrecorded lien, and it includes a duty to defend the buyer’s ownership in court, which is why the title company cares that your affidavit is accurate.
The bill of sale
The deed transfers the real estate. Anything that is not part of the real estate but is included in the sale, such as a refrigerator, a washer and dryer, or patio furniture, transfers by a separate bill of sale. It is a short document listing exactly what is included. Spelling it out here prevents a dispute on moving day about what stays.
IRS Form 1099-S and your tax position
The settlement agent who closes the sale is generally the person responsible for filing Form 1099-S, which reports your gross proceeds to the IRS. You do not file it yourself. There is a notable exception for a principal residence: if the home was your main home, the sale price is $250,000 or less ($500,000 or less for a married couple), and you sign a written certification (under penalty of perjury) that the full gain qualifies for the Section 121 exclusion and there was no nonqualified use, the closer may not have to file a 1099-S.
Whether you actually owe tax is a separate question from the 1099-S. Under Section 121, you may exclude up to $250,000 of gain ($500,000 if married filing jointly) on the sale of your main home if you meet the ownership and use tests, generally owning and living in the home for at least two of the five years before the sale. This is general information, not tax advice. Confirm your situation with a tax professional or IRS Publication 523, Selling Your Home, especially if your gain is large, the home was ever a rental, or you have sold another home recently.
A one-page checklist
Before you list
- Deed and prior closing statement
- Original purchase contract
- Mortgage payoff statement (request close to closing)
- Survey or plat
- HOA documents and CC&Rs
- Warranties, manuals, and improvement receipts
- Optional pre-listing inspection
Under contract
- State residential purchase agreement
- State property condition disclosure
- Federal lead-based paint disclosure (homes built before 1978)
- All counteroffers, addenda, and contingency removals
At closing
- Settlement statement / Closing Disclosure
- New deed (prepared by the closer, signed before a notary)
- Affidavit of title
- Bill of sale for included personal property
- Mortgage payoff handled through the closer
- IRS Form 1099-S (filed by the settlement agent)
Gather the first group before you list, complete the second as the deal comes together, and let the title or escrow company carry the third. Handle the stages in order and the paperwork stops being the scary part of selling on your own. Next, line up the money side in closing and costs and the condition forms in seller disclosures and documents.
Sources used on this page
Every legal, tax, and process claim on this page traces to one of these. We re-check them on a schedule and date the page when anything changes.
- Real Estate Disclosures about Potential Lead Hazards (pamphlet, warning statement, records, 10-day inspection window, pre-1978 scope)U.S. Environmental Protection Agency · epa.gov
- Lead-Based Paint Disclosure Rule (Section 1018 of Title X) (HUD/EPA rule, three-year record retention)U.S. Environmental Protection Agency · epa.gov
- Instructions for Form 1099-S (reporting person, principal-residence certification, $250,000/$500,000 thresholds)Internal Revenue Service · irs.gov
- About Form 1099-S, Proceeds from Real Estate TransactionsInternal Revenue Service · irs.gov
- Publication 523, Selling Your Home (Section 121 exclusion, ownership and use tests)Internal Revenue Service · irs.gov
- What is a Closing Disclosure? (five-page final statement; replaced the HUD-1 for most mortgages from October 3, 2015)Consumer Financial Protection Bureau · consumerfinance.gov
- Title Insurance Protects Property Rights (owner's policy coverage, defects, duty to defend)American Land Title Association · alta.org
Common questions
What paperwork do I need to sell my house by owner?
The paperwork falls into three stages. Before listing you gather proof you own the home and what is attached to it: the deed, your original purchase contract, the mortgage payoff figure, any survey or plat, and HOA documents. Under contract you sign a state purchase agreement, a property condition disclosure, and a federal lead paint disclosure if the home predates 1978. At closing the title or escrow company prepares the settlement statement, a new deed, an affidavit of title, and the IRS reporting. You produce the early documents; the closer produces most of the rest.
Do I need a lawyer to handle the documents?
It depends on your state. Several states require a licensed attorney to prepare the deed or oversee closing, and many sellers in other states hire one anyway to draft or review the contract. A title or escrow company prepares most closing paperwork regardless. See our guide on whether you need a lawyer to sell, and confirm your own state's rule before you list.
Who prepares the new deed that transfers the house?
Not you, in most cases. The deed that conveys title to the buyer is usually drafted by the title company, the escrow or settlement agent, or a real estate attorney, then signed by you in front of a notary at closing and recorded with the county. Preparing your own deed risks an error that clouds the title, so this is one document to leave to the closer.
When does the lead-based paint disclosure apply?
For most housing built before 1978. Federal law requires sellers of pre-1978 homes to give the buyer the EPA pamphlet "Protect Your Family From Lead in Your Home," disclose any known lead-based paint and provide related records, include a lead warning statement in the contract, and allow the buyer a 10-day window to test for lead. Sellers must keep the signed disclosure for three years. Newer homes are exempt.
Will I get a 1099-S when I sell, and do I owe tax?
The settlement agent who closes the sale is generally the person responsible for filing IRS Form 1099-S to report your proceeds. There is an exception: if the home was your principal residence, the price is $250,000 or less ($500,000 or less for a married couple), and you sign a written certification that the full gain qualifies for the Section 121 exclusion, no 1099-S may be required. Whether you owe tax is separate and depends on your gain. This is general information, not tax advice; confirm your situation with a tax professional or IRS Publication 523.
What is an affidavit of title?
It is a sworn statement, signed by you at closing, confirming things the title company needs to insure the buyer's title: that you are the owner, that there are no undisclosed liens or bankruptcies, no boundary disputes, and no recent unpaid work that could become a lien. The title or escrow company prepares it, and you sign it before a notary. It backs up the title search and the buyer's title insurance.
What is the difference between the disclosure and the closing statement?
The property condition disclosure is a form you fill out early, telling the buyer what you know about the home's condition. The settlement or closing statement is a final accounting, prepared by the closer, that lists the sale price, payoffs, prorations, and exactly what each side pays or receives. One is about the house; the other is about the money.