FSBO Paperwork: Documents For Selling A House Without A REALTOR®

If you are a home seller trying to sell your home on your own in 2022 you need paperwork for selling a house.  Failing to think ahead and get the correct FSBO documents is a common mistake.  Here, I will go through the documents to have to make your home easy to sell and more importantly, easy to buy.

The Importance Of Paperwork For Selling a House By Owner

A home sale is a legal transaction involving the sale of land, so there are documents required for an FSBO home sale.  Moreover, your home will be more easily bought if you have the right tools to complete a sale.  The FSBO paperwork for selling a house is the right tool.  Just think about it; it’s a beautiful Saturday afternoon, someone tours your home and loves it.  How do you get that person to take the next step?

The paperwork needed for FSBO home sales is the vehicle that captures how the buyer is willing to buy your home and how you are willing to sell it.  The FSBO paperwork memorializes the intent of the parties.  Make your home easy to buy by having a way to capture all of the terms of the sale.

How to Find FSBO Paperwork Required to Sell a House in 2022-2023?

Unfortunately, home sellers and buyers have few options for getting the legal paperwork for selling a house.  It is difficult to find high-quality, comprehensive FSBO documents and forms.

The best resource is a real estate agent in your state.  Each state’s real estate commission has a state-approved set of documents for real estate purchases.  However, real estate agents are not allowed to just pass these out to non-clients.  You could consider contacting a real estate agent to supervise the transaction for a fee.  Though this is a cost, it is likely less than what you would pay selling the home with the agent doing the marketing.

Attorneys have access to suitable forms to manage a real estate sale.  Consider contacting an attorney in your area.  However, this too could have a meaningful cost.

There are many databases online.  Some of the online tools even might allow you to fill in the blanks online.  It will then create a contract based on your responses.  I would encourage you to be wary of a flimsy contract from one of these services.  Additionally, you want to ensure all of the documents are available in case the deal needs amended. Most importantly, I would be extremely cautious using any tools offering free paperwork for selling a house by owner.

Or, get your FSBO resources from me.  I have written How to FSBO & Not Muck It Up: A Guide to Selling Your Home By Owner.  You can get my guidebook as an instant download.  Also, I have written a robust package of forms which provides a pathway to you successfully selling your home.  The entire FSBO forms packet is an instant download, too.

How Long Should You Keep Paperwork After Selling a House?

FSBO paperwork needed for a home sale should be kept after the sale is completed.  Home sellers should consult their state’s statutes for how long to keep their transaction documents.  Each state has a different statute of limitations for written contracts.  In Indiana where Quadwalls.com was started home sellers and buyers should keep their documents for 10 years.

FSBO Paperwork Before You List

The minimum requirement for preparing to list your home FSBO is to complete any state or locally required residential real estate sales disclosures. Truly, there is not much else you are required to do which must be done.

1. Residential Sales Disclosure Form Required By Your State

Not all states require home sellers to complete a residential sales disclosure form. You can easily learn if your state requires home sellers to complete a residential real estate sales disclosure. Simply search online. A great query would be: [insert your state] residential real estate sales disclosure.

Quadwalls.com is based in Indiana. So, if you are selling an Indiana home as an FSBO we will save you some time.

Also, some counties and municipalities have additional sales disclosure rules. A title company or real estate attorney in your area will know whether there are additional, local sale disclosures that must be completed.

2. Lead-Based Paint Disclosure

Federal regulation requires home sellers to disclose known lead-based paint and/or lead-based paint hazards in housing units. This requirement applies to all housing types in all states if any part of the structure was built before 1978.  Sellers should provide buyers with the EPA’s “Protect Your Family From Lead In Your Home” information pamphlet, too.

The tool for making this disclosure form information pamphlet can be found on the EPA’s website.

Other FSBO Paperwork You May Need Before Listing Your Home

In certain special circumstances, there may be additional documents required for selling a house.  This is due to either a unique feature in your state or local government or due to a special circumstance regarding your home.  Below is a list of possible additional documents required for selling a house.  Some of these, and maybe none of these, will be applicable to your situation.

• Any notices from government or quasi-government agencies (i.e., re-zoning notices, notice for hearing for a variance, annexation notices, new tax assessment).
• Documentation of a major repair especially if it has a transferable warranty
• Septic system inspection (some localities require the septic be inspected within a certain time period of a sale)
• Water quality test (again, some municipalities may require this)
• Documentation for any pending litigation on or directly affecting the property
• Trust documents if the home is in a trust
• Estate settlement documents like a will, testament, or probate order for an inherited house
• Divorce decree if the home was formerly or currently owned by an ex-spouse
• Copy of deed so you can see whose name(s) appear on the title.  Your county recorder can get you a copy of your deed.

FSBO Paperwork While Your House on The Market

Having the correct documents for sale by owner home sellers need will make your home sell more quickly and easily. Sales professionals know something you know, too but have likely never thought about. An important strategy in selling a thing is making it easy to buy that thing. Here, I will discuss documents you should have ready to provide buyers so they can get the information and tools they need to make an offer to buy your home.

1. Completed Property Disclosures

FSBO home sellers should have all of the required disclosure forms completed before marketing the home. This is because you want to provide these documents to prospective buyers. First, buyers are interested in this information and it will help them make a decision. Secondly, in many states which require sales disclosures, an offer is not valid unless the buyer(s) has also signed the disclosure forms.

2. Title Review & Commitment

It is a good idea for home sellers to have a title search on their homes and make this available for prospective homebuyers to read. In the real estate business, we call this a preliminary title report. Call the title company you want to use for your home sale. Tell the title company you are preparing to sell your home FSBO and would like a preliminary title report. They will then send you one once they have reviewed the title of your home. This can take as long as 10 business days to get back.

3. Survey Location Report

A survey is a good thing to have, but it is not required. Most lenders do not require a survey location report. However, some states may require an up-to-date survey location report to be completed in order for a home sale to occur. Regardless, some buyers might want a survey.

A survey location report can make your home more marketable because it answers questions for the buyer. The report provides some assurance to help buyers better understand exactly what they are buying. Survey location reports do have a cost that varies based on your property. Additionally, it can take several weeks to have one completed. To get a survey, contact a land surveyor in your area.

4. Covenants, Restrictions, and HOA or POA Rules

Prospective buyers want to know whether your property has any covenants, restrictions, or HOA (homeowner’s association) or POA (property owner’s association) rules. And you want prospective buyers to know the rules, too. There is nothing worse than finding a buyer, accepting an offer, only to see the transaction terminate five weeks later due to a property use restriction that does not work for the buyer. All along the buyer could have known this immediately.

Gather up current copies of any covenants, restrictions, and HOA or POA rules and have these available for buyers to review. Covenants & restrictions and HOA/POA rules can be found by contacting your HOA/POA board, your county recorder, or a title company.

5. Purchase Agreement

A purchase agreement is a tool used by buyers to make an offer on a property. When doing a for sale by owner you do not have an agent and the buyer might not have an agent either. By having a purchase agreement that you can provide prospective buyers you can help them make the next step and by giving them the tool needed to write an offer.

6. Counter Offer Forms

You might want to counter a buyer’s offer price or terms. You can provide the buyer with a counter offer that only amends the items you are countering. This is much better than the alternative of causing the buyer to re-write, and reconsider their offer in full.

FSBO Documents You Need Between Contract and Close

After accepting an offer there are several documents for selling a house that help you maintain the transaction.  It is at this time you will respond to inspections or you and the buyer may need to make a change to the transaction.  The FSBO documents are the tool to help you do these things while keeping your transaction on track.

1. Amendments

It is common for a transaction to need an adjustment. Adjusting a term or a deadline is not the end of the world. Truly, it happens all the time. With the right tool amending a transaction is easy to do. That tool is an amendment form. Therefore, FSBO sellers should have copies of blank amendment forms.

2. Inspection Responses

Home inspection response forms allow you and the buyers to clearly and constructively negotiate any property repairs. Often, homebuyers will have a home inspection. After that, the buyer might ask for some repairs. Inspection response forms are an excellent tool to clearly describe in detail what will be done when it will be done, and by who.

3. HOA, POA, And Covenants & Restrictions

Yes, I am repeating this section, but I am doing it for a different reason. Some states require a seller to provide a buyer with a copy of covenants, restrictions, and documents regarding rules and regulations of a mandatory HOA or POA. A seller’s failure to do so invalidates the buyer’s offer. Let me give you a real-world example from the state of Indiana.

Quadwalls.com was founded in Indiana. Indiana has a statute requiring sellers to provide buyers with mandatory membership HOA or POA rule and regulation documents. In Indiana, the buyer writes into the offer within how many days the seller has to provide and how many days the buyer gets to review the documents. Again, failure to do so invalidates the offer.

So, my advice to you is when in doubt, play it safe. Email your buyer a copy of any covenants, restrictions, and HOA or POA documents whether membership is mandatory or not. A great time to do this is when you email the buyer the signed accepted offer. Email is great, too, because it acts as a record. Ask that the buyer respond by simply acknowledging the documents were received.

FSBO Closing Documents

Home sellers do not need much in the way of for sale by owner closing paperwork. Nearly all of the closing documents will be provided by the title company and the buyer’s lender. This is what you are paying the title company to do. However, there are two documents that you as a seller should be aware of as you prepare to close the transaction. This is because each of these will come from you.

1. Disclosures

Many states with real estate disclosure rules will require sellers to sign the disclosure statements again at closing. The purpose is to reaffirm your statement that the property is in the same or better condition than when you completed the seller disclosures. In Indiana where Quadwalls.com is from this is true. So, do not forget to bring a copy of your seller disclosures to closing and sign those. Then, give the buyer a copy.

2. Final Walk-Through Form

I encourage home buyers to complete a final walk-through of the property. Some buyers decide not to do so. Regardless, you should have a record stating a) the buyer had an opportunity to complete a final walkthrough, b) whether the buyer did or did not take the opportunity, and c) if the buyer did complete a final walk-through the time and date this happened. The buyer should then sign this document.

Conclusion

When you have the documents for sale by owner home sellers need, you have made your home easier to sell and easier to buy. This will greatly increase your chances of successfully selling your home FSBO and avoiding real estate commission fees.

When preparing to list your home make sure you know the required disclosure rules for your state or local area. Get the correct forms and get those completed. Next, as you market your home, having more information and tools will help you sell your FSBO home. These include property disclosures, title work, a survey, covenants & restrictions, and any HOA or POA rules and regulations. Also, having a purchase agreement will be helpful to buyers ready to make an offer.

Upon accepting an offer it is good to have blank amendment forms and property inspection response forms ready to go. This will keep the transaction moving forward. As you prepare to close the transaction make sure to reaffirm your seller disclosure forms if required in your state. Also, document whether or not the buyer completed a final walk-through despite having the opportunity to do so.

Is it all getting to be too much for you? Hire us to sell your home. Quadwalls and its team of Quadwalls Connected Agents offer some of the lowest real estate commission fees in the industry for its full-feature home selling services. Feel free to contact us with any questions, too.

Summary Of Paperwork For Selling A House Without A REALTOR®

Before Your List

• Residential sales disclosures are required in your state or city
• Lead-based paint disclosure (required on all homes built before 1978)
• Possible documents for the circumstances of some properties and locations
  • Any government notices you have received
  • Repair invoices
  • Septic and water quality test results
  • Current deed
  • Trust, estate, or divorce settlement paperwork

FSBO Paperwork To Have Ready While Your House Is On The Market

• Completed property disclosures
• Title review and commitment
• Survey location report
• Land use covenants & restrictions, and HOA or POA documents
•  Purchase agreement
• Counteroffer form

FSBO Documents You Need Between Contract And Closing (when in Escrow)

• Amendment forms
• Inspection response forms

Closing Documents

• Property disclosures are to be signed again at closing
• Final walk-through sign-off
• The title company will provide the rest of the documents to memorialize a legal closing in your state

Download PDF Checklist With Summary Of Paperwork For Selling A House Without A REALTOR®

Checklist Of Paperwork Needed For Selling A House Without A REALTOR®