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What Paperwork Do You Need to Sell FSBO?

Selling your home by owner requires many legal documents. This article will help you to understand the paperwork requirements to make the process easier.

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What paperwork do I need to sell my house?

What paperwork is needed to sell a house without an agent?

What documents are needed to sell your home without an agent?

How to sell a house by owner paperwork

How to do for sale by owner paperwork

Who draws up a contract in for sale by owner?

Who handles the paperwork if I don’t use a realtor when selling my house?

Who drafts the purchase agreement for a FSBO?

Who pays the fees to draw up an agreement to purchase a FSBO?

What paperwork do I need to sell my house?

Selling your house can require a plethora of different documents that are necessary legal steps to selling a house. This may seem weird if you have never gone through the process before, but in reality, all of these documents help legalize the sale and make it so you can close on the sale after you have found a buyer

1. Mortgage loan documentation

If your current home was purchased through a mortgage that you have not yet paid off fully, you will need to get a document from your bank or lender that will state the payoff amount for your loan. In most cases, the payoff amount will be different than your current balance as it will include the interest rate for that time period. 

2. Deed to the house

To be able to sell a house you will need to be able to prove that it is yours. If you no longer have the original deed then you may be able to acquire a replacement document from your local record office. 

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3. Property tax 

Another document that you will need to provide is the document that verifies that you have been paying your property taxes. To be able to sell your house you will need to ensure that you have no unpaid taxes

4. Disclosures

Depending on where you are located you may be required to form a disclosure document. Within it, you will need to note every known problem with the house that you are selling that could affect negatively the health and safety of those inhabiting the home. Other information that you may need to disclose includes legal disputes regarding the property, the presence of asbestos or environmental toxins, or any violent crimes that took place on the property. You will need to check with your individual state what information you will need to disclose for the sale of your property. 

5. Identification documents

To be able to sell the property you will need to have identification documents that prove who you are. This is mandatory as you are setting an asset and the identity of the owner of the house must be verified for the sale to finish. 

Depending on the state that you are in there may be other documents required to sell your property. These may include the original sale contract from when the property was bought and a final purchase agreement drafted by either your attorney or a real estate agent. The sale contract specifically is a legal document required to sell a house so if you are trying to sell your home make sure that you have someone who can draft this document for you. 

What paperwork is needed to sell a house without an agent?

The paperwork for selling a house without a realtor does not differ tremendously from the paperwork required for selling a house with one. Much like when selling with a real estate agent the basic documents that you will need for the sale are: 

1. Mortgage loan documentation

2. Deed to the house

3. Property tax documentation

4. Disclosures

5. Identification documents

Apart from these if you are selling your home without an agent, you will also need to arrange for all of the documentation needed for the listing, for making counter offers, or any documentation needed during the negotiation process. Therefore, if you are selling a house on your own you should be prepared for the fact that typical real estate practice is to use both a title agency and a real estate attorney for the closing documents. The use of these professionals is unavoidable in the closing of the deal as homeowners are not legally entitled to draft the closing contracts on their own. 

What documents are needed to sell your home without an agent?

If you are planning on selling your home then you will need to collect the paperwork for selling a house without a realtor. This paperwork will allow you to sell your home without any problems as it will include all of the real estate documents necessary for the sale agreement. These documents will include: 

  • Mortgage loan documentation
  • Deed to the house
  • Property tax documentation
  • Disclosures
  • Identification documents
  • Closing Agreement
  • Original Sale Document
  • Listing Agreement
  • Documents for counter offers and negotiations

How to sell a house by owner paperwork

In the process of putting a house up for sale, you may find that there is a number of different documents needed to sell a house. Some of these documents relate to the valuation of the house and to documents that you need so as to accurately list your home, while others are necessary for when you have a buyer ready and you are preparing to close the deal. Both of these sets of real estate documents are necessary if you want to successfully sell your house for the best possible amount, in the best possible time frame, and for the least hassle possible. 

Documents for listing a property

The comparative market analysis is a great document if you are looking to determine how much you should sell your house for. This analysis is going to tell you what the house’s value is based on the area that it is in and the normal price that houses in that area sell for. If you are uncertain about the worth of your home then having this document can truly help you in the selling process. Normally the CMA is done by a real estate agent, but even if you are selling on your own you can find services that will perform the CMA for you.  

The property survey is not always necessary but it is a nice document to have as it defines the legal boundaries of your property which can be a great thing to know if you are looking to sell. 

Documents necessary for closing on the house, may also sometimes be required when you list the property. 

If you are considering selling your house and you still have a mortgage that you are repaying you will need to get a document from your bank or lender that states what the exact payoff amount will be if you sell the property. 

  • Disclosures

If the house that you are selling has any known issues you are legally obliged to disclose those, especially if those problems could potentially be a health and safety hazard for the new owners.

  • Original Sale Contract

Another document that you will need to supply is the original sale contract from when you purchased the house. 

  • Deed to the House

The deed of the house is the proof of ownership of the house needed for its sale.

  • Property Tax Documents

To be able to sell your house you will need to show that there are no unpaid property taxes. If you have any property taxes waiting to be paid make sure to pay those off if you are looking to sell the house. 

  • Identification documentation

Your identification documents may include your driver’s license and your Social Security number may be necessary for the sale. 

  • Closing agreement

To sell your house you will need both parties to sign a closing agreement. The closing agreement can either be formulated by an attorney or a real estate agent. 

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How to do for sale by owner paperwork?

The collection of the paperwork for selling a house by the owner can be a task that takes quite a lot of time to be completed. This is because oftentimes certain documents, such as the original sale document or the mortgage payoff document, may not be available to the owner straight away. These legal documents are required to sell a house, which means that for house owners there is no way of bypassing the need to get them. This means that they will need to spend the time requesting all the necessary documents from different offices. The easiest way to start the process of collecting all the paperwork is to first divide the documents you need into three categories. The first one will have the documents you have, the second one the documents you need to request, such as the mortgage payoff document, and the third one will have documents that you will need to get drafted by a professional, this includes the sale and closing documents. For this final category you should be aware of the fact that even for FSBO sales it is typically required that you use both a title agency and a real estate lawyer for the drafting of these legal documents. Homeowners are not legally able to proceed with a sale without closing documents drafted by a certified professional. Once you have divided the necessary paperwork into these three categories you will be able to more easily go about collecting it as you will know where to request each document from. 

Who draws up the contract for sale by the owner?

For sale by owner contracts are usually used when a house is sold privately. Still, in most cases, the final legal closing contract for the sale of a house needs to be drafted by either an attorney or a real estate agent. This is a legal document required to sell a house and as such a professional must draft the contract even when the purchase agreement is made without a realtor. This is why if you are looking to privately sell it is important that you are ready to employ an attorney for the final drafting of the sale contract for your property. 

Who handles the paperwork if I don’t use a realtor when selling my house?

For the most part, the paperwork for selling a house will be handled by the owner in the case of private sales. This means that it will be up to the owner to acquire the documents required to sell the property and they will also be the ones who will need to contact an attorney to draft the paperwork for the sale of the house. Therefore, for the majority of the sale process, that is up until the closing, the owner will independently handle all of the paperwork required for the sale. 

Who drafts the purchase agreement for a FSBO?

Houses that are put for sale by owner (FSBO), where the owner does not have a realtor or real estate agent that is assisting them with the paperwork the purchase agreement may be drafted by the buyer’s real estate agent. That would make the agent a dual agent, which is not allowed in all of the states. If the buyer’s real estate agent cannot take on this task, then it is up to the seller to either find an agent who can draft the contracts, or get a real estate attorney who can be responsible for drafting up the contracts. In general, all of the legal documents required to sell a house, including the for sale by owner contract are all the responsibility of the seller and not the responsibility of the buyer. 

Who pays the fees to draw up an agreement to purchase a FSBO?

Much like the legal documents required for the sale of a house are the responsibility of the seller, so are the fees. Even in the cases where the buyer’s real estate agent takes on the task of drafting the contract, the fees for that service need to be covered by the owner. This is standard procedure as the preparation of real estate documents would normally be a part of the commission that the seller’s agent would receive. As such, it has always been the seller’s responsibility to pay for all the paperwork for selling a house without a realtor. 

The sale of a house by the owner or with a realtor is a process that requires many legal documents. The variety of real estate documents required can often make it feel as if it is necessary to get a real estate agent to assist, however that is not often the case as many times owners sell their houses with purchase agreements without a realtor. Therefore, gathering the necessary paperwork for selling a house by the owner may seem hard but it is definitely possible in most cases. 

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