The documents needed to sell a house fall into eight groups: proof of ownership (your deed and title paperwork), state-required disclosures about the home’s condition, your mortgage payoff statement, current property tax and HOA records, tax documents for the IRS, government-issued photo ID, the signed purchase agreement, and the closing papers you sign at the table. A few of these take weeks to arrive, so start gathering them before you list.
Ownership and Title Paperwork
The deed is the most important document in the sale. It proves you have the legal right to transfer the property and carries the official description of the land and structures. If you can’t find yours, the county recorder’s office can issue a certified copy for a modest fee.
Pull your owner’s title insurance policy from your own purchase if you still have it. The title company uses it as a starting point and may spot known easements or restrictions already on record. The buyer’s lender or title company will order a fresh title search for liens, easements, boundary problems, and other claims that could block the transfer.
A property survey isn’t always required, but a lender or title company may ask for one, especially if your most recent survey is more than a few years old. Residential surveys for typical suburban lots generally run $400 to $900.
Review the title record early. Mortgages and tax liens you’ve already paid off sometimes linger in public records because a lender forgot to file a release. Finding an unreleased lien weeks before closing gives you time to clear it. Finding it the day before does not.
Property Disclosures
Nearly every state requires sellers to fill out a disclosure form describing known defects in the home’s major systems: roof, foundation, plumbing, electrical, heating, and cooling. You check boxes and write short explanations for anything damaged, malfunctioning, or previously repaired. Honest answers protect you from post-closing lawsuits far more than vague language or silence.
Lead-Based Paint Disclosure
If your home was built before 1978, federal law requires a specific lead-based paint disclosure before the buyer is locked into the contract. You must provide an EPA-approved lead hazard information pamphlet, disclose any lead paint hazards you know about, and share any inspection reports you have. The buyer also gets a 10-day window to conduct their own lead inspection before committing.1Office of the Law Revision Counsel. 42 USC 4852d – Disclosure of Information Concerning Lead Upon Transfer of Residential Property
Skipping this disclosure carries real teeth. A knowing violation exposes you to treble damages, meaning a court can award the buyer three times their actual losses. Federal penalties can also reach $10,000 per violation under the Toxic Substances Control Act, and the buyer may be able to cancel the contract altogether.1Office of the Law Revision Counsel. 42 USC 4852d – Disclosure of Information Concerning Lead Upon Transfer of Residential Property
Natural Hazards and Environmental Risks
No federal law requires disclosure of flood zone status, wildfire risk, or earthquake exposure, but a growing number of states have their own natural hazard disclosure rules. Even where it isn’t mandated, a buyer whose lender requires flood insurance will learn about a flood zone during the loan process. Proactive disclosure avoids the appearance of concealment.
Unpermitted Work
If you or a previous owner added a bedroom, finished a basement, or made structural changes without pulling the required permits, that information belongs on the disclosure form. Unpermitted work can affect the buyer’s ability to get a mortgage, reduce the appraised value, and create insurance coverage gaps. In some cases you can apply for retroactive permits before listing, which removes the issue entirely.
Mortgage, Tax, and HOA Records
Mortgage Payoff Statement
Request a payoff statement from your lender. It shows the exact balance needed to satisfy the mortgage as of a specific date, including accrued daily interest and any administrative fees to release the lien. The payoff differs from the balance on your monthly statement because interest continues to accumulate until the loan is actually paid. Order it a few weeks before closing. Lenders sometimes take 7 to 10 business days to produce it.
Property Tax Bill
Bring your most recent property tax bill to closing. Taxes are prorated between you and the buyer based on the closing date: you pay for the days you owned the home during the current billing cycle, and the buyer picks up the rest. Any unpaid balance will show up on the title search and get deducted from your proceeds. If you’ve recently paid a bill, keep the receipt.
HOA Status Letter
If your property is in a homeowners association, you need an HOA status letter (sometimes called an estoppel letter) confirming your dues are current, listing any special assessments, and detailing the HOA’s rules and fees. HOA transfer fees typically run $100 to $500, and the letter itself can take a couple of weeks to arrive from the management company. Order it as soon as you go under contract.
Tax Documents for the IRS
Receipts for Improvements
If you’ve owned and lived in the home as your primary residence for at least two of the five years before the sale, you can exclude up to $250,000 in profit from federal income tax. Married couples filing jointly can exclude up to $500,000, provided both spouses meet the use requirement.2Office of the Law Revision Counsel. 26 USC 121 – Exclusion of Gain From Sale of Principal Residence You can’t claim it if you already used the exclusion on another home sale within the past two years.
Your profit isn’t simply the sale price minus what you originally paid. Qualifying improvements increase your cost basis, which reduces your taxable gain. The IRS draws a clear line between improvements and routine maintenance. Adding a deck, replacing the roof, installing central air, remodeling a kitchen, or upgrading the electrical system count as improvements. Painting walls, fixing leaky faucets, and patching cracks don’t. Gather receipts, contractor invoices, and permit records for every major project. If you received energy tax credits for improvements like solar panels, subtract those credits from the amount you add to your basis.3Internal Revenue Service. Publication 523 (2025), Selling Your Home
Form 1099-S
The closing agent or title company reports the sale to the IRS on Form 1099-S and sends you a copy. One exception: if you certify in writing that the home was your principal residence and the sale price is $250,000 or less ($500,000 or less for a married couple), the closing agent may not need to file the form at all.4Internal Revenue Service. Instructions for Form 1099-S Proceeds From Real Estate Transactions If your gain exceeds the exclusion amount, you report the taxable portion on Form 8949 and Schedule D with your federal return. Even when the gain is fully excluded, the IRS may still expect you to report the transaction if you receive a 1099-S.5Internal Revenue Service. Instructions for Form 8949 (2025)
FIRPTA Paperwork for Foreign Sellers
If you’re a non-U.S. citizen or nonresident alien, the buyer is generally required to withhold 15% of the total sale price and send it to the IRS under the Foreign Investment in Real Property Tax Act.6Internal Revenue Service. FIRPTA Withholding Withholding applies to the entire sale price, not just your profit, so the amount can be substantial. An exception exists when the buyer intends to use the home as a personal residence and the sale price is $300,000 or less. You can also apply for a withholding certificate from the IRS to reduce or eliminate the amount withheld if the tax owed on the gain is less than the standard 15%.7Internal Revenue Service. Exceptions From FIRPTA Withholding Foreign sellers who don’t plan for FIRPTA often lose a significant chunk of their proceeds at closing and then have to file a U.S. tax return to claim a refund.
Identification and the Purchase Agreement
Every person listed on the deed must present valid government-issued photo identification at closing. A driver’s license or passport works. If multiple people own the property, each owner needs to sign the documents, and a closing agent who can’t verify a signer’s identity will stop the process cold.
The purchase and sale agreement is the contract that binds you and the buyer. It spells out the price, earnest money deposit, contingencies (inspection, appraisal, financing), the closing date, and what’s included in the sale, such as appliances or fixtures. Every owner on the deed must sign. Read the contingency deadlines carefully. Missing a deadline on your end can give the buyer grounds to walk away or renegotiate.
Closing Day Documents
Settlement Statement
At closing, you receive a settlement statement showing a line-by-line accounting of every charge and credit: mortgage payoff, prorated taxes, transfer taxes, real estate commissions, title fees, and your net proceeds. When the buyer has a mortgage, the settlement agent may use the Closing Disclosure form, with a separate version prepared for the seller that shows only your side of the ledger.8Consumer Financial Protection Bureau. Comment for 1026.38 – Content of Disclosures for Certain Mortgage Transactions Review every line before signing. Errors in commission amounts, payoff figures, or tax prorations are more common than they should be.
The New Deed
You sign a new deed transferring ownership to the buyer. This deed must be notarized: you sign in front of a notary public who verifies your identity and witnesses the signature. In roughly 22 states and the District of Columbia, an attorney must be involved in the closing or document preparation. In the remaining states, a title company or escrow agent handles the process.
Recording and Disbursement
After signing, the title company or attorney files the new deed with the county recorder’s office, making the ownership change part of the public record. In most states you receive your proceeds the same day the deed is recorded. Wire transfers typically land in your account within one business day; a check will be held by your bank for several days before the funds clear.
Extra Paperwork for Special Situations
Property Held in a Trust
If the home is held in a living trust, the trustee needs additional documentation to prove authority to sell. Most title companies accept a certification of trust (sometimes called a trust certificate or memorandum of trust), which confirms the trust exists, names the trustee, and describes the trustee’s powers without disclosing the entire trust document. Some states and title companies require a full copy of the trust instrument. Raise this with the title company as soon as you list.
Power of Attorney
If an owner can’t attend closing because of illness, military deployment, or distance, a durable power of attorney can authorize someone else to sign on their behalf. For real estate transactions, the power of attorney typically must be notarized, specifically authorize real estate sales, and in many states be recorded with the county. Some title companies and lenders are cautious about powers of attorney because they’re a common tool in fraud, so confirm in advance that your document will be accepted.
Post-Closing Occupancy Agreement
If you need to stay in the home after closing, you’ll need a post-closing occupancy agreement (sometimes called a rent-back agreement). It sets the duration of your stay, any daily rent or holdover penalties, security deposit terms, and who carries insurance during the occupancy period. Without a written agreement, you risk being treated as a holdover tenant under your state’s landlord-tenant laws.
Certificate of Occupancy
Some municipalities require a certificate of occupancy or a smoke detector and carbon monoxide inspection before a home can be sold. These local requirements vary widely. Call your local building department to check. The inspection itself is usually straightforward, but scheduling can take time, and failing it means making corrections before you can close.
Final Utility Readings
Schedule final meter readings for water, gas, and electric service a few days before closing so you’re only billed for usage during your ownership. Contact each provider to close or transfer the account, and keep your final bills until the closing is fully settled. Some water departments charge a fee for the final reading and require someone to be home for the appointment. Coordinate with the buyer on the exact transfer date so there’s no gap, particularly for water service in cold climates where pipes can freeze.