Selling without an agent saves the commission, but it also means the paperwork is yours to manage. Miss a required disclosure and you can face legal exposure long after closing. Here is the paperwork for selling a house by owner in 2026, organized by stage, so nothing surprises you.

Before you list

• Original purchase documents. Your deed, title insurance policy, and the settlement statement from when you bought. These establish what you own and any exceptions on title.
• Mortgage payoff statement. Request this from your lender. It states the exact amount, with per diem interest, needed to release their lien.
• Property tax records. Current bill and payment status. Buyers and title companies will prorate taxes at closing.
• HOA documents. If applicable: covenants, bylaws, current dues, and a statement that you are current. Many states set deadlines for delivering these once under contract.
• Utility records and warranties. Average utility costs, plus warranties or manuals for the roof, HVAC, water heater, and appliances that convey.
• Pre-listing inspection report (optional). Not required, but it prevents surprises and signals good faith to a nervous FSBO buyer.
• Survey or plat, if you have one. Useful when fences, driveways, or outbuildings sit near a boundary. Some title companies will require a new one if encroachments show up.

Offer and contract stage

• Purchase agreement. The core contract: price, earnest money, financing terms, contingencies, closing date, and what conveys with the home. Most states have standard forms; many FSBO sellers pay a real estate attorney a few hundred dollars to review this one document. It is money well spent.
• Earnest money receipt. Documents the buyer’s deposit and who holds it, usually a title company or attorney, never you personally.
• Counteroffer and amendment forms. Every change after signatures needs a written, signed amendment. Verbal agreements do not exist in real estate.
• Contingency removal forms. As the buyer clears inspection, appraisal, and financing contingencies, get each release in writing.
• Proof of funds or pre-approval letter. Collect this before you take the home off the market, not after. A pre-qualification is not a pre-approval, and neither is a commitment to lend.

Disclosures (where sellers get sued)

• Seller’s property disclosure. Nearly every state requires a written form covering known defects: roof, foundation, water intrusion, systems, pests, and more. Answer honestly. “I did not mention it” is how FSBO sellers end up in court.
• Lead-based paint disclosure. Federal law for any home built before 1978, with the EPA pamphlet and a 10 day inspection window for the buyer.
• State and local specifics. Depending on where you live: natural hazard zones, flood plains, radon, wells and septic, solar leases, or death on the property. Check your state’s requirements; this is the most state-specific part of the process.

One clarification that trips up as-is sellers. Selling as-is limits your obligation to repair. It does not limit your obligation to disclose. Those are separate duties in nearly every state, and the disclosure duty survives the closing.

Closing

• Deed. The new deed transferring title, prepared by the title company or attorney and signed before a notary.
• Settlement statement. The line by line accounting of money in and out. Check the payoff, prorations, and fees before signing day.
• Title documents and affidavits. Owner’s affidavit, lien waivers for recent work, and whatever the title company needs to insure clean title.
• 1099-S and tax records. Keep everything for your tax return; primary residence exclusions cover many sellers, but you need the paper trail.
• Bill of sale. For personal property conveying separately, such as a washer, dryer, or riding mower.
• Keys, codes, and warranty transfers. Garage remotes, gate and alarm codes, and any transferable roof or termite warranty.

Who actually prepares each document

FSBO sellers often assume they have to draft all of this. They do not. Most of it is produced by the closing professionals once you are under contract.

What the paperwork actually costs

Doing FSBO properly is not free, and the fees are worth knowing before you decide the commission savings are pure profit. Expect an attorney review of the contract and disclosures in the range of 300 to 800 dollars, notary fees, recording fees set by your county, and a title policy whose cost depends on price and on local custom about who pays. In much of the country the seller also still pays a commission to the buyer’s agent if the buyer brings one, which is where a large share of expected FSBO savings quietly goes.

The FSBO paperwork mistakes that sink deals

Three patterns cause most FSBO problems: using a purchase agreement from a random website that does not match state law, holding earnest money personally instead of in escrow, and treating the disclosure form as a marketing document instead of a legal one. An attorney review of your contract and disclosures typically costs 300 to 800 dollars, which is cheap insurance against all three.

A fourth is quieter and just as costly: letting a buyer occupy the property before closing. Pre-closing possession turns a failed sale into a tenancy question, and in some states removing that person becomes an eviction rather than a cancelled contract.

Common questions

Do I need a real estate attorney to sell FSBO?

Several states require an attorney at closing. Everywhere else it is optional, but a single review of the purchase agreement and your disclosures is the highest value few hundred dollars in the whole process.

Can I write my own purchase agreement?

You can, and it is the most common way FSBO deals go wrong. Contract law here is state specific, and generic online templates routinely omit required state language and disclosure timelines. Start from your state’s standard form.

Who holds the earnest money?

A neutral third party, normally the title company or closing attorney. Holding it yourself creates a conflict and, in some states, a licensing problem.

How long does a FSBO closing take?

With a financed buyer, expect roughly 30 to 45 days from signed contract, driven by underwriting and the appraisal. A cash buyer can close in one to two weeks because there is no loan file to clear.

A simpler alternative when the paperwork is not worth it

If you are selling FSBO mainly to avoid the commission, it is worth knowing that a cash sale removes most of this stack entirely. A serious cash buyer works from a short contract, buys as-is with minimal contingencies, and the title company handles the rest. There is no financing paperwork, no appraisal, and closing can happen in a week or two. You can compare competing cash offers for your home for free and weigh them against the FSBO route, and our net proceeds calculator will show the actual dollar difference once your time and costs are counted. If you go the cash route, read how to vet a cash buyer first.

That is a genuine trade, not a free upgrade. A cash offer is normally below a fully marketed retail price. What you buy with the difference is speed, a much shorter document stack, and the removal of the financing and appraisal risk that causes most FSBO contracts to fall apart.

Most sellers assume they need to fix everything before listing. The data says otherwise. Many common repairs return far less than they cost, and some return almost nothing. Knowing what not to fix when selling a house can save you thousands of dollars and weeks of delay. Here is where to draw the line in 2026.

The 60 second test for any repair

Before you price a single job, run it through three questions. They resolve most decisions faster than a contractor quote will.

• Will a buyer see it in the first 30 seconds? Paint, cleanliness, smells, and light are priced emotionally. A cracked outlet cover in the entry hurts more than a dated bathroom down the hall.
• Is it broken, or just old? Buyers discount broken. They shrug at old. A working 15 year old furnace is a talking point. A furnace that does not fire is a negotiation.
• Can a lender refuse to fund because of it? This is the one most sellers miss, and it is the difference between a repair you can skip and a repair that will find you at the appraisal. There is a list further down.

If the answer to all three is no, it is almost always a skip.

Nine repairs that usually do not pay you back

1. Full kitchen remodels

A major kitchen remodel typically returns 40 to 60 cents on the dollar at resale. Buyers also have their own taste. Spending 40,000 dollars on finishes the next owner may rip out is one of the worst pre-sale moves you can make.

2. Bathroom overhauls

Same math as kitchens. Regrouting, recaulking, and new hardware are cheap and worthwhile. Tearing out a dated but functional bathroom is not.

3. Partial room upgrades

Replacing half the windows or upgrading one bathroom of three often highlights what you did not do. Mixed old and new can read worse than consistently original.

4. Cosmetic foundation or driveway cracks

Hairline cracks in concrete are normal settling in most homes. Structural problems are a different story and belong in a disclosure, but cosmetic patching rarely moves an appraisal.

5. Old but working appliances

If the stove and dishwasher work, leave them. Buyers who care will negotiate a credit, which costs you less than buying new units that suit someone else’s kitchen.

6. Carpet replacement in secondary rooms

A professional deep clean gets you most of the visual benefit at a tenth of the cost. Replace carpet only if it is damaged or holding odors a cleaning cannot fix.

7. Popcorn ceilings and dated textures

Removal is messy, can involve asbestos testing in older homes, and buyers largely price around it anyway.

8. Landscaping projects

Mow, edge, mulch, and trim. Full landscape redesigns rarely return their cost, and buyers cannot inspect their way into valuing your new shrubs.

9. Code upgrades that are not required

Grandfathered items in older homes generally do not need proactive upgrading to sell. Address what your state requires in disclosures and let the inspection process handle the rest.

The short list that is usually worth doing

Cheap, fast, high-visibility items still earn their keep for a traditional listing: fresh neutral paint in main rooms, fixing active leaks, replacing burned out bulbs and cracked outlet covers, deep cleaning, and decluttering. These cost hundreds, not thousands, and affect first impressions where offers are made.

Two more worth the money if they apply to you. Servicing the HVAC so it runs cleanly at showings, and clearing anything that blocks access to the electrical panel, water heater, attic hatch, or crawlspace. An inspector who cannot reach a system writes “unable to inspect,” and that phrase invites a buyer to assume the worst.

The repairs a lender can force anyway

Here is the part that changes the whole calculation. If your buyer is financed, the appraiser works for the lender, not the buyer, and government backed loans carry minimum property requirements. When an appraiser flags one of these, the loan will not fund until it is corrected. You either fix it, credit it, or lose the buyer.

Items that commonly get flagged on FHA, VA, and USDA appraisals:

• Peeling or chipping paint on a home built before 1978, treated as a lead hazard
• Missing or broken handrails on stairs, and unsafe or missing steps
• Exposed or frayed wiring, open junction boxes, and missing outlet or panel covers
• An active roof leak, or a roof without enough remaining service life
• Heating that does not work, or no permanent heat source
• Water heaters missing a temperature and pressure relief discharge line
• Broken windows, inoperable exterior doors, and failed locks
• Utilities that are shut off at the time of appraisal, so nothing can be tested
• Standing water in the crawlspace, or evidence of active termite damage

Conventional loans are looser, but an appraiser can still call for repairs when safety or habitability is in question. The practical takeaway: a repair you skip is only truly skipped if your buyer is paying cash or the item is cosmetic. Everything on the list above is a bill deferred, not a bill avoided.

What actually reopens the negotiation after inspection

Buyers rarely walk over dated finishes. They renegotiate over four things: water, roof, structure, and systems. Evidence of water intrusion, a roof near the end of its life, foundation movement, and a failed furnace, panel, or sewer line are the findings that turn into repair demands and price reductions. If you know you have one of these, you have a decision to make before you list, because it will surface either way and it is cheaper to price it in than to be surprised by it three weeks into a contract.

Sewer scopes deserve a mention of their own. On homes older than about 1970 with mature trees, a line failure is common, expensive, and increasingly something buyers test for.

When it makes sense to fix nothing at all

If the repair list is long, the honest arithmetic changes. Months of mortgage payments, taxes, insurance, and utilities while contractors work, then more months on market, can burn through any value the repairs add. Sellers in that position often net a similar amount selling as-is for cash, without the risk of a financed buyer’s inspection reopening the negotiation. This is exactly the trade our home sale calculator was built to show: enter your repair estimate and carrying costs and compare the two paths side by side.

Selling as-is is also the standard route for inherited houses, homes at risk of foreclosure, and properties with tenants or serious damage. Cash buyers price the work in and skip the repair conversation entirely.

Be clear eyed about the trade. Selling as-is to a cash buyer normally means accepting less than a fully renovated retail price. It is the right call when speed, certainty, and avoiding carrying costs are worth more to you than squeezing out the last few percent. It is the wrong call when your house is in good condition, you have time, and a traditional listing can run its course.

Common questions

Do I have to disclose problems I choose not to fix?

Yes. Skipping a repair is legal in nearly every state. Concealing a known material defect is not. Disclosure and repair are separate decisions, and treating the disclosure form as a marketing document is how sellers end up in court after closing.

Should I get a pre-listing inspection?

It helps when you suspect a major issue and want to control the story rather than react to the buyer’s report. Be aware that once you know about a defect, you generally have to disclose it, so do not order one expecting to bury the result.

Is it better to repair or offer a credit?

A credit is usually cheaper and faster, and it lets the buyer choose their own contractor. The exception is anything a lender requires, since a credit does not satisfy an appraisal condition. Those have to be physically corrected before closing.

Will painting really change my offer?

Neutral paint in the main living areas is one of the few items that reliably returns more than it costs, because it is cheap, it photographs well, and it touches the first impression that anchors every number after it.

The bottom line

Fix what is cheap, visible, and broken. Fix what a lender will force. Skip what is expensive, cosmetic, or a matter of taste. And if the list is long enough that fixing feels like renovating, get real numbers for the as-is route before you spend anything: you can compare competing cash offers for your home in about two minutes, free, with no obligation.

Selling a House During Divorce – What Both Spouses Need to Know

Selling a house during divorce is often one of the most complicated financial decisions a couple will make. Whether the home is a major asset or simply represents lingering ties, understanding your options helps both spouses move forward fairly and efficiently.

Why Selling During Divorce Can Be Complicated

The family home often carries emotional weight beyond its monetary value. Both spouses may have different goals: one may want to buy out the other’s equity, another may want a quick sale, or one spouse may need to stay until relocation. Legal requirements vary by state, and timing can significantly impact your financial outcome.

“We thought selling our house during divorce would tear us apart. Once we understood our options and timeline, the process became straightforward. Selling for cash meant no drawn-out negotiations or inspection surprises.” – Robert K., Tennessee

Understand Your Equitable Division Rights

In most states, marital property is divided equitably, which doesn’t always mean 50/50. The home’s equity, current mortgage balance, and how the sale impacts both parties’ futures all matter. Consult with your divorce attorney to understand your state’s specific rules and how they apply to your situation.

Three Options for Your Home in Divorce

One spouse can buy out the other’s equity, one spouse can keep the home while the other receives other assets of equal value, or both spouses can agree to sell. Each option has tax, financial, and emotional implications.

The Case for Selling Your House During Divorce

Selling cleanly separates the financial ties between former spouses. A cash buyer eliminates contingencies, inspections, and appraisal surprises that could derail the agreement. The sale can close in as little as one to two weeks, allowing both parties to move forward faster.

Frequently Asked Questions

Can we sell the house while divorce proceedings are ongoing?

In most cases, yes, but your divorce attorney should confirm this with the court. Some judges require homeowner consent from both parties before sale.

Who gets the proceeds from the house sale during divorce?

This depends on your divorce settlement agreement. Your attorney will guide how proceeds are divided between mortgage payoff, selling costs, and net equity split.

What if one spouse wants to keep the house and the other wants to sell?

The spouse who wants to keep it can buy out the other’s equity using cash or financing. If no agreement is reached, the court may order a sale.

Does selling quickly for less money hurt my divorce settlement?

Not if both parties agree. Cash sales at fair market prices often benefit both spouses by reducing emotional turmoil and legal costs associated with extended negotiations.

Are there tax implications when selling a house during divorce?

Potentially. The primary residence exclusion may still apply if the sale closes within two years of divorce. Consult a tax professional about capital gains implications for your specific situation.

Navigating home sales during divorce requires clear communication and solid advice. Get your free cash offer to understand your financial options.