Paperwork for Selling a House by Owner in Texas

Texas home-sale paperwork, one stage at a time

You do not need to complete this whole list at once. Here is how the paperwork usually fits together and who to ask along the way.

1. Gather the records you already have

One folder is enough to get started. If something is missing, tell the closing team; it can explain whether it needs a copy and where to look.

• Existing deed: the document used to transfer ownership when you received the house. It helps identify the recorded owners and the legal description, which identifies the land in property records. Tell the closing team about a death, divorce, trust, business ownership, or possible ownership claim.
• Loan and debt details: recent statements and contact information for your mortgage lender and anyone else with a known claim against the property.
• Property records: tax statements, any survey (a drawing of property boundaries and features), homeowners association (HOA) letters, rental agreements, and official notices.
• Condition records: repair invoices, warranties, permits, inspection reports, and flood or insurance-claim records.

For an inherited property, let the title company know early. It can identify the documents it needs to check who has authority to sign, so you can choose a realistic closing date.

2. Check disclosures before the buyer commits

Texas Seller’s Disclosure Notice

This notice tells the buyer what you know about the house. Texas law generally requires it for residential property with no more than one dwelling unit, with some exemptions. Inheriting the house or never living there does not automatically make you exempt. Answer based on your knowledge and belief; mark genuinely unknown information as the form allows. Give the required notice by the contract’s effective date, the date the agreement takes effect. Late delivery can give the buyer seven days after receipt to cancel. See Section 5.008.

Download the current Texas Real Estate Commission (TREC) Seller’s Disclosure Notice rather than reusing an old form. Read each condition, repair-history, and flooding question. It records what you know rather than promising that the house is free of problems.

Lead-paint documents for most pre-1978 homes

Federal rules generally require known lead-paint information, available reports, the approved pamphlet, and required disclosure language before the buyer is legally committed to the purchase. Buyers normally get a 10-day inspection opportunity, which they may waive or the parties may change in writing. Exceptions apply. Keep the signed disclosure for three years after the sale. The EPA’s seller guidance provides the requirements and sample forms.

Other documents depend on the property

• Water rights: current TREC contracts generally call for a separate groundwater and surface-water disclosure unless their stated exception applies. Whether you need this form depends on the contract; it is not required by a separate law in every sale. Being exempt from the usual condition notice does not automatically mean you can skip this one. Read TREC’s water-disclosure FAQ.
• HOA: the closing team can explain which association documents are needed. These may include a resale certificate with information about fees, assessments, and other association matters. Ask who will request it and when. The TREC property-owners-association addendum, an attachment adding HOA terms to the contract, addresses these arrangements. Condominium documents differ.
• Location and history: share notices about special districts that charge property fees or taxes, coastal restrictions, rental agreements, or past mold cleanup. These details help identify any extra notices needed. The TREC resale contract flags several of these situations. Your closing team can help identify document requests, and an attorney can resolve questions about your legal obligations.

Keep copies of the documents you send and any confirmation that they were received.

3. Keep the contract and changes together

Read the actual agreement before signing, with legal help if you are unsure about its terms. Along with the price, look at who is buying and selling, what is included, how the buyer will pay, the completion date, and when the keys change hands. Check any contingencies, meaning conditions that must be met for the sale to go ahead.

TREC’s resale form covers many existing one- to four-family properties, but not condominiums, builder new-home sales, or farms and ranches. The right paperwork depends on the transaction.

Keep the signed contract with its addenda, the attached documents that add terms to the agreement. Later changes are recorded in an amendment: the TREC amendment form is for changing a contract that has already been signed.

4. Let the title company guide the next paperwork steps

Ownership checks and the title commitment

The title company checks ownership records and looks for liens or other issues. Its title commitment explains the conditions for issuing title insurance, which covers certain ownership-related risks. It is not a promise that no issues exist. Ask the team to explain anything that needs attention and what it needs from you. The Texas Department of Insurance explains commitments and policies.

Survey and accompanying statement

The closing team can check whether an existing survey is acceptable under your contract and to the title company and any buyer’s lender. You may need a T-47 affidavit or T-47.1 declaration, forms used to provide information about changes since the survey. A new survey is sometimes needed. Texas insurance rules allow a T-47.1 declaration in place of the affidavit. The team can tell you which form to use and explain who orders and pays for a new survey under your agreement.

Payoff quotes and authorizations

The payoff amount is what it takes to fully pay off the mortgage on a particular date. It can differ from the balance on your statement because of interest and fees. See the CFPB’s payoff explanation.

The title company typically coordinates payoff figures with your lender and may ask for your permission to obtain them. Share any tax, debt, association, or foreclosure notices promptly so the team can identify what needs attention.

5. Review the closing package before signing

Request the documents and estimated figures early enough to ask questions. Your exact package depends on the sale.

• Deed: check the names and property description, and follow the closing team’s signing instructions.
• Final figures: check the price, mortgage payoff, how property taxes are divided between you and the buyer, agreed credits, fees, and the amount you expect to receive.
• Other forms: ask about any unfamiliar statements or tax forms. An affidavit is a sworn written statement, so take time to check that its contents are accurate.
• Money and keys: confirm when funds will be paid out and when the buyer gets access under your agreement.
• Final copies: save the signed closing package and ask how you will receive confirmation that the deed was recorded and funds were paid.

The seller or an authorized representative signs the deed to transfer the property. The closing team will confirm who needs to sign for your sale; the deed does not necessarily have the same signers as the purchase contract. See Texas Property Code Section 5.021.

Common questions about selling a Texas house by owner

Can I get started if some documents are missing?

Yes. Share what you have and tell the closing team what you cannot find. It can explain which missing records matter for your sale and how to obtain them. Some items may need to be resolved before closing, but you do not need a perfect folder to start.

Does the title company fill out my condition disclosure?

You provide the answers about what you know about the house. The title company handles its ownership checks and closing requests. If you are unsure whether a disclosure is required or how to answer a legal question, ask a Texas real estate attorney.

Is there less paperwork when the buyer pays cash?

A cash buyer may avoid mortgage-approval documents, but ownership checks, required disclosures, the sale agreement, and closing documents still matter. If you are also deciding what to repair, see our as-is repair decision guide.