What Paperwork Do I Need to Sell My House? (2026 Checklist)

Short answer: you need proof you own it (deed and title), proof of what you owe (mortgage payoff statement), the legally required disclosures for your state plus the federal lead paint disclosure if the home predates 1978, the purchase contract, and the settlement statement at closing. Everything else on this list is either state-specific or optional but useful. The two documents sellers most often get wrong are the seller's certification that can keep the sale off IRS Form 1099-S, and the maintenance records nobody requires but every buyer discounts you for lacking.

General information only, not legal or tax advice. Requirements vary by state and by contract. Confirm specifics with a real estate attorney or your settlement agent.

Before you list

This is the stage where having documents ready changes your price rather than just your paperwork.

• The deed. Proof you own the property. If you cannot find your copy, the county recorder has it.
• Title report or title insurance policy from when you bought. Surfaces liens, easements or boundary issues early, when they are cheap to fix.
• Mortgage payoff statement. What you actually owe on the sale date, including per-day interest. Different from your balance.
• Property survey, if you have one. Resolves boundary and encroachment questions.
• Property tax records and the most recent assessment.
• HOA documents if applicable: bylaws, CC&Rs, budget, minutes, and an estoppel or dues certificate. Many states set a deadline for providing these.
• Permits and certificates of occupancy for any work done during your ownership. Unpermitted square footage is the classic late-stage deal problem.
• Maintenance records, warranties and manuals. Not required anywhere. This is the file that answers inspection objections, covered in what records buyers ask for at closing.

The disclosures (where the legal risk lives)

Most states require a written seller disclosure describing known material defects, on a state-specific form. A handful are caveat emptor states where no form exists but active concealment is still prohibited. The rules, deadlines and penalties differ enough that we cover them state by state, starting with what sellers must legally disclose.

The federal one applies everywhere. For housing built before 1978, the lead-based paint rule requires you to disclose known lead paint and hazards, hand over any records or reports you have, give the buyer the EPA pamphlet, and allow a 10-day period to test unless the buyer waives it in writing. This is federal law under 42 U.S.C. 4852d, and knowing violations carry treble damages.

Keep a signed copy of every disclosure you provide. If a dispute surfaces years later, your defence is proof of what you disclosed and when.

Under contract

• The purchase agreement and every signed addendum and counteroffer.
• Inspection report, if the buyer shares it, plus your written response.
• Repair invoices for anything you agreed to fix. Keep these; they become part of the disclosure record.
• Appraisal outcome. If it lands below contract price, the documentation you assembled earlier feeds straight into a Reconsideration of Value.
• Payoff authorization so the settlement agent can order your figures.

At closing

• Settlement statement showing the full accounting of the sale.
• The signed deed transferring ownership, usually notarized.
• Bill of sale for any personal property included.
• Certificate of title or affidavit of title, depending on state.
• Keys, codes, remotes, manuals and warranty transfer paperwork. Transferable warranties often require the new owner to register within a set window, commonly 30 days.

The three-day rule does not mean what most articles say

You will read that "the closing documents must be provided three business days before closing". That rule is the Consumer Financial Protection Bureau's requirement that the borrower receive their Closing Disclosure three business days before consummation, and certain changes restart the clock. It protects the buyer taking out the loan.

It does not set an equivalent deadline for the seller's closing statement. Your timing is governed by the purchase contract, state law and your settlement agent's practice. Ask your agent when you will see your figures, rather than assuming a federal deadline protects you.

IRS Form 1099-S, and the certification most sellers never hear about

Real estate sales are generally reported to the IRS on Form 1099-S by the person responsible for closing, usually the settlement agent. If no one is responsible for closing, responsibility falls in order to the mortgage lender, the seller's broker, the buyer's broker, then the buyer.

But a principal residence sale can be exempt from reporting if the buyer obtains a written certification from you and all of these are true:

• The sale price is $250,000 or less, or $500,000 or less if you certify that you are married
• The home was your principal residence under section 121
• The full gain is excludable from income under section 121
• There was no period of nonqualified use after December 31, 2008

Each seller must provide their own certification, and each signs it under penalties of perjury. If one seller does not certify, a 1099-S is filed for that seller. The certification can be obtained up to January 31 of the year after the sale, and must be retained for four years.

Two practical points. Obtaining the certification is optional for the buyer, so if nobody raises it, a 1099-S gets filed regardless. And exemption from reporting is not the same as exemption from tax: you still have to qualify for the section 121 exclusion. Ask your settlement agent whether a certification is being used.

After closing: what you keep

Keeping the right documents after the sale is its own question, and the retention periods are specific. Records that establish your adjusted basis are the ones that determine your tax position if it is ever examined. We cover which pile is which, and for how long, in what home records to keep when you sell.

The document nobody requires

Every item above is required by a statute, a contract or a lender. The maintenance history is required by none of them, and it is the one that changes your price rather than just letting you close.

An inspector flags a water heater with no visible age. If you can produce the invoice and the warranty, that line closes. If you cannot, the buyer prices an unknown, and unknowns get discounted harder than known problems. For how to assemble that file before listing, see The Packet.

The bottom line

Deed, title, payoff statement, state disclosures plus the federal lead paint disclosure for pre-1978 homes, the contract, and the settlement statement. Ask your settlement agent about the 1099-S certification, because it is optional for the buyer to obtain and nobody may mention it. Do not assume a federal three-day deadline applies to your side of the table. And bring the maintenance file even though no law asks for it, because it is the only item on this list that affects what you are paid.

Sources

This article was researched and verified in October 2026 against the following:

• IRS Instructions for Form 1099-S (who must file and the order of responsibility; the principal residence exception with the $250,000 and $500,000 thresholds, the section 121 conditions, the no-nonqualified-use-after-December-31-2008 requirement, per-seller certification signed under penalties of perjury, the January 31 deadline and the four-year retention)
• CFPB, When do I get a Closing Disclosure? (the three business day requirement applies to the borrower's Closing Disclosure before consummation, and specific changes restart the period)
• Federal lead-based paint disclosure requirements for pre-1978 housing (42 U.S.C. 4852d), including the 10-day assessment period and treble damages for knowing violations, covered with full sources in our seller disclosure guide.
• Not verified: the CFPB material we reviewed does not address seller-side document timing, and we found no federal rule setting one. We have stated that seller timing comes from the contract, state law and settlement agent practice, which is our reading rather than a cited rule. Confirm with your attorney or settlement agent.
• Document lists by stage reflect common US practice and vary by state. Nothing here replaces your state's requirements or your purchase contract.