Your Complete Guide to Paperwork, Protection, and a Smooth Sale
Selling your home For Sale By Owner (FSBO) is one of the most empowering decisions a homeowner can make. You keep control of the process, maintain flexibility in negotiations, and save thousands in agent commissions. But with that independence comes a crucial responsibility: you must manage all the paperwork yourself.
Real estate transactions are document-heavy — and each form serves an important legal or financial purpose. Missing even one can cause delays, disputes, or worse: put you at risk of a failed sale or legal liability. The good news? Once you understand what’s required and prepare everything in advance, handling FSBO paperwork is far less intimidating than it sounds.
This guide will walk you through every essential document you’ll need to sell your home confidently and correctly — from listing to closing.
🗂️ 1. Property Information Sheet
This is often one of the very first documents you’ll prepare — and while it’s not legally required, it’s one of the most useful tools you’ll use when marketing your property. A property information sheet (sometimes called a property fact sheet) is a simple, detailed summary of your home’s key features.
What to include:
- Property address and legal description
- Square footage and lot size
- Number of bedrooms and bathrooms
- Year built and recent upgrades or renovations
- Roof, HVAC, plumbing, and electrical system ages
- Special features (pool, finished basement, home office, etc.)
- Neighborhood highlights (school district, nearby parks, etc.)
💡 Pro Tip: Buyers and their agents often rely on this document to make decisions before requesting a showing. Make sure the information is accurate, current, and professionally presented.
📜 2. Seller’s Disclosure Statement (Legally Required)
A seller’s disclosure is one of the most important and legally required documents in a real estate transaction. It informs potential buyers of known defects, past repairs, environmental hazards, and other conditions that could affect the property’s value or safety.
Disclosure laws vary by state, but most require sellers to disclose:
- Roof leaks, foundation issues, or structural defects
- Mold, water damage, or pest infestations
- Known environmental hazards (lead paint, asbestos, radon)
- Past or current insurance claims
- Property boundary disputes or easements
- Repairs or renovations not done with permits
- Issues with plumbing, electrical, or HVAC systems
💡 Why it matters: Failing to disclose known issues can lead to lawsuits long after the sale closes. Always err on the side of transparency — and if you’re unsure whether something needs to be disclosed, disclose it anyway.
🧾 3. Purchase Agreement (Sales Contract)
The purchase agreement — sometimes called the sales contract — is the central legal document of your FSBO transaction. It spells out all the terms of the sale and serves as the binding agreement between you and the buyer.
Key elements include:
- Property address and legal description
- Purchase price and earnest money deposit
- Financing terms and contingencies
- Closing date and possession details
- Items included or excluded from the sale (appliances, fixtures, etc.)
- Inspection, appraisal, and title conditions
- Deadlines for contingencies and final closing
- Signatures of both buyer and seller
💡 Pro Tip: Never rely on a generic online template without review. Laws and required clauses vary by state. Consider having a real estate attorney review the purchase agreement before signing — it’s one of the smartest investments you can make as a FSBO seller.
📄 4. Addendums and Contingency Agreements
In addition to the purchase agreement, you’ll likely use addendums — separate documents that modify or expand the original contract. They ensure that every detail of your transaction is legally documented.
Common addendums include:
- Inspection contingency: Outlines the buyer’s right to inspect the home and request repairs.
- Financing contingency: Allows the buyer to cancel if they’re unable to secure a mortgage.
- Appraisal contingency: Ensures the property must appraise for at least the purchase price.
- Sale-of-home contingency: Ties the purchase to the buyer selling their current home.
- Closing extension: Adjusts the closing date if additional time is needed.
- Repair or credit agreements: Documents any post-inspection negotiations.
💡 Pro Tip: Keep a paper trail. Even if a term seems small (like including patio furniture), it should be in writing and signed by both parties.
🏡 5. Lead-Based Paint Disclosure (Required for Older Homes)
If your home was built before 1978, federal law requires you to provide a Lead-Based Paint Disclosure. This informs buyers of any known presence of lead-based paint and provides them with the EPA’s safety pamphlet: Protect Your Family from Lead in Your Home.
Failing to provide this disclosure can result in hefty federal penalties and give buyers the right to cancel the sale — even at the last minute.
📑 6. Preliminary Title Report (Title Search)
A preliminary title report (sometimes called a title commitment) is not always prepared by the seller, but it’s smart to obtain one early. It confirms legal ownership of the property and identifies any liens, easements, or encumbrances that could affect the sale.
Why it matters:
- It verifies that you have the right to sell the property.
- It uncovers any potential issues — like unpaid taxes or judgments — before they derail the transaction.
- It gives buyers peace of mind and can speed up closing.
💡 Pro Tip: If you’re working with a title company or real estate attorney, they’ll typically order this for you. Doing it early avoids surprises later.
📜 7. HOA Documents (If Applicable)
If your property is part of a Homeowners Association (HOA), you must provide buyers with all relevant documents, including:
- Covenants, conditions, and restrictions (CC&Rs)
- HOA bylaws and meeting minutes
- Current fees and any upcoming assessments
- Rules on property use, rentals, and exterior modifications
💡 Pro Tip: Buyers are entitled to review these documents and may have a right to cancel the purchase within a specific time frame after receiving them. Provide them early to keep the deal on track.
📄 8. Property Survey or Plat Map (Optional but Helpful)
A property survey isn’t always required, but it can be extremely useful — especially if there’s any question about boundaries, easements, or fence lines.
- It shows the precise dimensions and boundaries of your property.
- It identifies encroachments or shared access points.
- It can prevent last-minute legal disputes over property lines.
Buyers’ lenders often require a survey before closing. Having one on hand speeds up the process.
📜 9. Closing Statement / Settlement Statement
The closing statement (also known as the HUD-1 or ALTA Settlement Statement) is the final breakdown of the financial details of the sale. Prepared by the title company or attorney, it shows:
- Final purchase price
- All credits and debits for both buyer and seller
- Prorated property taxes and HOA dues
- Title fees, escrow fees, and recording costs
- Any closing cost credits or concessions
💡 Pro Tip: Review this document carefully before signing. Mistakes are rare but can happen — and they’re easier to fix before closing than after.
🏁 Final Thoughts: Paperwork Is Power in FSBO Sales
Handling your own documents might sound intimidating, but it’s one of the most important parts of selling a home without an agent. The right paperwork does more than protect you legally — it builds trust with buyers, prevents misunderstandings, and keeps the transaction moving smoothly.
Think of these documents as tools in your FSBO toolkit. Each one plays a role in helping you go from listing to closing with confidence and control.
💡 Pro Tip: Organization is everything. Create a dedicated FSBO folder — digital and physical — with every document labeled, signed, and easily accessible. If questions arise, you’ll be ready with the right paperwork at your fingertips.