Paperwork for selling a house by owner: the full checklist
The paperwork for selling a house by owner is mostly the same set of documents any Florida sale needs, but on an owner sale you are the one who gathers, completes and tracks it. Some of it you prepare before you list. Some arrives with the contract. The rest is produced by the title company or attorney who closes the sale. This checklist explains each document, who prepares it and when it is due, so nothing surprises you halfway through. It is general information, not legal advice.
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A checklist of the paperwork for selling a house by owner
Think of the paperwork in three stages. Before you list, you gather records and prepare disclosures. When you accept an offer, you sign the contract and its addenda. Before closing, the closing agent prepares the deed and the settlement documents.
Before listing: your deed or title information, any survey you have, your mortgage statement, recent property tax and insurance information, permits and receipts for major work, association documents if you have an HOA or condo, the seller disclosure, the flood disclosure and, for older homes, the lead-based paint disclosure.
At contract: the purchase contract, any riders and addenda, the deposit receipt from the escrow agent and, if you agree to pay part of the buyer's agent fee, a written compensation agreement.
Before and at closing: the title commitment, payoff letters, the association estoppel, the settlement statement, the deed, the seller's affidavits, tax reporting forms and any repair receipts the contract requires.
Keep one folder, paper or digital, with everything in it. Buyers, lenders and the closing agent will all ask for documents, often more than once. Answering in minutes rather than days keeps the sale on schedule.
Read next: the FSBO guide for owners · a closing-week checklist for sellers
What do I need to sell my house by owner before listing?
Most of the paperwork for selling a house by owner starts with proof of what you own. Your recorded deed shows how title is held and who must sign. If two people are on title, both sign the contract and the deed. If an owner has died, the estate may need to be handled before a sale can close.
Pull your mortgage information next. The closing agent will order an official payoff, but you need a working estimate to price the home and judge offers. Note any second mortgage or home equity line, which also has to be paid at closing.
Gather records of work done on the home. Permits, contractor invoices, roof certifications, wind mitigation reports and warranties all help buyers and insurers. In South Florida, roof age and wind protection often decide what insurance costs, so these papers can affect price.
Find any survey you received when you bought, plus any elevation certificate. Neither is always required, but buyers and lenders often ask, and having them ready saves time.
If there is an association, request its governing documents, rules, budget and any approval application now. Some associations take time to respond, and buyers will ask early.
Read next: the full owner sale process
Seller disclosure forms
Florida's disclosure duty comes from a court decision rather than a single required form. Under Johnson v. Davis, a seller must disclose known facts that materially affect the value of the property and are not readily observable to the buyer.
Most sellers meet that duty with a written disclosure form. The form asks about the roof, plumbing, electrical systems, water intrusion, termites, permits, additions, association issues and similar topics. It is a tool for meeting the duty, not the limit of it.
Answer from what you actually know. Do not guess and do not leave known problems off because the form did not ask. A patched leak, past termite treatment or work done without a permit are the kinds of things that cause trouble when they surface after closing.
The duty applies to owner sales exactly as it does to listed ones, and selling as-is does not remove it. Being unrepresented does not lower the standard.
Give the completed form to the buyer before they sign the contract, and keep a copy signed by both of you. If you are unsure whether something must be disclosed, a Florida real estate attorney can answer that for your situation.
Read next: how the Florida disclosure form works · seller disclosure basics · what Florida law expects you to reveal
The Florida flood disclosure
Florida now requires residential sellers to complete and provide a separate flood disclosure at or before the time the contract is signed. It is the piece of paperwork for selling a house by owner that is easiest to miss, because it is not part of the contract form.
The disclosure asks about your experience with the property, such as flood damage during your ownership, flood insurance claims and federal disaster assistance. It applies whether or not the home is in a mapped flood zone.
The statutory definition of flooding is broader than many owners expect, and it can include standing water from heavy rain. Read the definition on the current form before you answer.
Check your insurance records before you fill it in. Claims history is discoverable, and an accurate answer is far better than a buyer finding a claim later.
Use a current version of the form. The requirement is recent and the content has changed, so an old copy may leave out questions the current text asks.
Read next: what the flood form asks
Lead-based paint disclosure for pre-1978 homes
If the home was built before 1978, federal law requires a lead-based paint disclosure. This applies to owner sales the same way it applies to listed sales. Much of South Florida's older housing stock falls into this group.
The seller discloses any known lead-based paint or hazards and provides any reports or records they have. The buyer receives the federal lead hazard information pamphlet. Both sides sign an acknowledgment, usually through a lead-based paint addendum to the contract.
The federal rule also gives the buyer an opportunity to have the home tested for lead, which the parties can adjust or waive in writing. The addendum records what was agreed.
If you do not know whether the home has lead-based paint, say so. The rule asks what you know, not what you suspect. Keep a signed copy of the disclosure with your sale records.
If you are unsure of the build year, check the county property appraiser's records before you list.
The purchase contract and addenda
The contract is the center of the paperwork for selling a house by owner. Most Florida sales use the residential forms produced by Florida Realtors and The Florida Bar, in a standard version and an AS IS version.
On most owner sales, the buyer's agent prepares the first draft as the buyer's offer. If the buyer is unrepresented, a Florida real estate attorney usually prepares it. Either way, you are responsible for understanding every term before you sign.
Addenda attach to the main form and change it. Common ones cover condominium or HOA terms, the lead-based paint disclosure, post-closing occupancy, seller financing and sales contingent on the buyer selling another home.
If you agree to pay part of the buyer's agent compensation, document it in writing. State the amount, that it is paid only at closing, and that it comes through the closing agent.
If you draft or change any part of the contract yourself, have a Florida real estate attorney review it before anyone signs. Handwritten edits to a standard form can change how other clauses work.
Read next: how the owner sale contract works
HOA and condo documents
If the home is in a condominium or homeowners association, expect a second layer of paperwork. Buyers are entitled to review association documents, and many South Florida associations must approve a buyer before closing.
The usual set includes the declaration, bylaws, rules and regulations, the current budget, recent financial information and any approval application. Condominium buyers will also ask about building inspections, structural reports and reserves.
The contract rider sets out how and when these documents are delivered. Delivery can affect the buyer's rights under the contract, so treat the deadline as seriously as any other.
At closing, the association provides an estoppel certificate stating what is owed on the unit, such as dues, assessments and transfer fees. The closing agent requests it, and its figures go onto the settlement statement.
Ask your association early how long its approval and estoppel processes take. Slow approvals are one of the most common reasons South Florida condo closings slip.
Read next: the condo documents buyers expect · how estoppel letters work
Closing paperwork for selling a house by owner
Most closing paperwork is prepared by the title company or attorney who closes the sale. Your job is to review it, ask questions and sign. You do not need to draft a deed yourself.
The deed transfers ownership. Florida sales commonly use a warranty deed, though estates, trusts and some other sellers use different deed types. The closing agent prepares it from the title work.
The settlement statement lists every figure in the sale: the price, your mortgage payoff, documentary stamp tax on the deed, title charges, prorated taxes, association amounts, any agreed compensation and credits. Ask for it before closing day and check it against your own estimate.
You will also sign affidavits about liens, possession and your identity, plus tax reporting information. The closing agent reports the sale to the IRS, and some sellers, including non-U.S. persons, face separate withholding rules. A tax professional answers the tax questions for your case.
If you cannot attend in person, mail-away and remote closings are routine in Florida. Tell the closing agent early so they can arrange it.
Read next: what each closing document does · picking a closing agent for an owner sale
Title and lien paperwork
The closing agent runs a title search on the property's recorded history. It confirms you can transfer clear title and surfaces issues such as an old mortgage never released, a judgment against an owner or a boundary question.
A municipal lien search looks for things that may not appear in the land records, such as unpaid utility balances, code enforcement fines and open permits. Open permits are common in South Florida and can take time to close.
If either search finds a problem, you will usually need paperwork to clear it, such as a release from a lender, a satisfaction of a judgment or a final inspection on a permit. The closing agent will tell you what is needed.
This is a good reason to open title early. A problem found weeks before closing is usually solvable. The same problem found two days before can delay the sale or end it.
Some cities and counties have their own requirements on a sale. The municipal lien search and the closing agent are the best way to learn what applies to your address.
Read next: fixing title issues before closing
Free paperwork for selling a house by owner, and which forms to avoid
Owners often search for free paperwork for selling a house by owner, and many sites offer generic packets. Be careful with them. A form written for another state, or an old version of a Florida form, can leave out terms and notices Florida practice expects.
For the contract, work from a current Florida form through the buyer's agent, a Florida real estate attorney or the title company that will close the sale. Ask which version applies rather than downloading a copy of unknown age.
For disclosures, use a current Florida seller disclosure, the current flood disclosure and, for pre-1978 homes, the federal lead-based paint disclosure and pamphlet. Your closing agent or attorney can confirm you have the right versions.
For closing documents, let the closing agent prepare them. Deeds, affidavits and settlement statements are their job, and a deed you prepare yourself is not something to rely on in a sale.
A checklist of documents is useful. A packet of legal forms you have not had reviewed is not a shortcut. The money saved on forms is small next to the cost of a missing term.
How long to keep the paperwork for selling a house by owner
After closing, keep a full copy of the sale file. That includes the contract, all addenda and amendments, the disclosures, the settlement statement and the deed.
The settlement statement matters for taxes. It shows the price and selling costs, which a tax professional uses to work out any gain on the sale. Your purchase records and receipts for improvements matter for the same reason.
Disclosure records matter if a buyer later raises a complaint. A signed disclosure showing what you told the buyer, and when, is the best record you can have.
Ask a tax professional how long to keep tax-related records for your situation. Keeping everything in one place is the easy answer.
If you used help along the way, such as a flat fee MLS listing or an attorney review, keep those agreements in the same file.
Read next: help an owner can add as needed
Keep control and still get on the MLS
A flat fee MLS listing puts your home where buyer agents search while you keep running the sale. Add only the help you want: pricing, contract coordination or negotiation.
These pages explain how selling by owner works, with Florida specifics where they matter. They are not legal, tax or financial advice. For a contract, a title issue or an estate, speak to a Florida real estate attorney; for tax, speak to an accountant. We are glad to introduce you to either, and a home valuation costs nothing in the meantime.
Frequently Asked Questions
- What paperwork do I need to sell my house myself?
- Before listing, gather your deed, mortgage information, permits, any survey and association documents, and prepare the seller disclosure, flood disclosure and, for pre-1978 homes, the lead-based paint disclosure. At contract you sign the purchase agreement and addenda. The closing agent then prepares the deed, settlement statement and affidavits. A Florida real estate attorney can confirm what your particular sale needs.
- Is there free paperwork for selling a house by owner?
- Generic packets are easy to find, but they are often written for other states or out of date. For a Florida sale, work from current Florida forms through the buyer's agent, an attorney or the closing agent. Disclosures such as the flood disclosure have changed recently, so an old free copy can leave out questions the current form asks.
- What documents do I need to sell my house in Florida?
- The core set is a seller disclosure, the flood disclosure, the lead-based paint disclosure if the home was built before 1978, the purchase contract and addenda, association documents if there is an HOA or condo, and the closing documents the title company or attorney prepares. Permits, surveys and insurance reports help buyers but are not always required.
- What certificates do I need to sell my house?
- Florida does not use one statewide certificate for every resale. Some cities and counties have their own requirements, and open permits often need a final inspection before closing. The municipal lien search usually reveals what applies. Wind mitigation reports and roof certifications are not required of sellers, but they help buyers price insurance.
- Does a title company handle the paperwork on a FSBO sale?
- It handles much of the paperwork for selling a house by owner, though not all of it. The title company or closing attorney runs the title and lien searches, holds the deposit, prepares the deed and settlement statement, collects payoffs and records the sale. It does not prepare your disclosures and will not advise you on contract terms. Those parts remain your responsibility, with an attorney if you want legal advice.
- Who prepares the deed when selling by owner?
- The closing agent, normally a title company or a real estate attorney, prepares the deed from the title work. Florida sales commonly use a warranty deed, though estates, trusts and some other sellers use different types. You review and sign it at closing. Preparing your own deed for a sale is not something to rely on.
- What paperwork is different when selling a house with a realtor?
- The documents are mostly the same. A listed sale adds a listing agreement between you and the brokerage. On an owner sale you gather and track the documents yourself and may sign a written compensation agreement if you pay part of the buyer's agent fee. The disclosures, contract and closing documents do not change.
- Do I need an attorney to sell my house by owner?
- Florida does not require one, and a title company can close the sale. Many owners still pay an attorney to review the contract before signing, because it is one of the most useful pieces of professional help in an owner sale. An attorney matters most when there is an estate, a title issue, seller financing or an unrepresented buyer.
More FSBO Guides
For sale by owner contract: what goes in it and who writes it
Who writes the contract on an owner sale, the Florida forms most sales use, and when an attorney review pays off.
Using a title company or attorney on a for sale by owner sale
What a title company or attorney does when you sell by owner: title search, escrow, closing steps and who pays.
What it really costs to sell a house by owner
Every cost an owner still pays, from title and deed stamps to buyer-agent requests, and how to compare routes on net.
Work out your numbers
What is my home worth?
A valuation built from closed sales in your own community, with the comparables named.
Estimate your net proceeds
Work the commission, documentary stamps and closing costs against your own number.
Current market reports
Prices, days on market and inventory for the counties we cover, updated monthly.
How we list a home
What we do between the listing agreement and the closing table, phase by phase.
Talk It Through
Selling it yourself? Start with the right number
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