FSBO Paperwork in Texas: Every Document You Need to Sell Your Home

The Good News About Texas FSBO Paperwork

Texas has a well-developed system of standardized real estate forms developed by the Texas Real Estate Commission (TREC). These forms are publicly available, legally vetted, and used in the vast majority of Texas home sales — both agent-assisted and FSBO. You don't need to create contracts from scratch or hire a real estate attorney for a straightforward transaction (though consulting one for complex situations is wise).

Here's every document you need to understand and prepare as a Houston FSBO seller.

The Seller's Disclosure Notice (TREC Form OP-H)

This is the most legally significant document in your FSBO transaction. Texas Property Code Section 5.008 requires sellers of most residential properties to provide a completed Seller's Disclosure Notice to potential buyers before the contract is signed. Failure to provide it — or providing a materially incomplete one — can give buyers the right to terminate the contract and may expose you to post-closing litigation.

The disclosure covers:

• Foundation, roof, walls, floors, and structural components
• HVAC, plumbing, electrical systems
• Water intrusion, drainage, flooding history (this is critical in Houston)
• Environmental conditions: lead paint, asbestos, underground storage tanks, mold
• HOA status, pending assessments, deed restrictions
• Litigation involving the property or adjacent property
• Survey or boundary disputes

How to complete it honestly: Disclose what you know. You are not required to hire an inspector to discover unknown defects — but you are required to disclose known issues. "I don't know" is a legitimate answer when you genuinely don't know. Don't speculate. Don't minimize.

Download the current form at trec.texas.gov under "Forms."

The Purchase Agreement: TREC One to Four Family Residential Contract (Form 20-17)

This is the standard Texas purchase contract used for single-family homes, duplexes, triplexes, and fourplexes. It's a 9-page document that covers:

• Parties (buyer and seller names), property address, and legal description
• Sales price and financing terms
• Earnest money amount and title company designation
• Option period (buyer's right to terminate for any reason, typically 5–10 days)
• Third party financing contingency and appraisal provisions
• Survey requirements
• Property condition, inspections, and repair negotiations
• Closing date and possession terms
• What stays with the home (fixtures, appliances) vs. what the seller keeps

You can download this form from trec.texas.gov as well. For a straightforward cash or conventional loan sale in good condition, most FSBO sellers complete this form themselves. For complex transactions — multiple offers, unique financing, significant repairs — a real estate attorney ($150–$300/hour) is worth the consultation fee.

Lead-Based Paint Disclosure (EPA Form)

Federally required for all residential homes built before 1978. You must provide buyers with the EPA pamphlet "Protect Your Family from Lead in Your Home" and a disclosure form stating what you know (or don't know) about lead paint in the property. Buyers have 10 days to conduct lead paint inspections before being obligated under the contract (though this is often waived).

This form is available at epa.gov/lead.

The Title Commitment and Title Insurance

A title company conducts a title search to ensure the property can be legally transferred — no outstanding liens, unpaid taxes, estate issues, or competing ownership claims. As the seller, you'll typically pay for the owner's title insurance policy at closing ($500–$1,500 depending on sale price). The buyer's lender requires their own title insurance policy (paid by the buyer).

Choose a reputable Houston title company early in the process. Good options include Title Resources, Stewart Title, Westcor Land Title, and Alamo Title. Let your buyer know which title company you're using so they can coordinate their lender early.

Survey

Texas contracts typically require a survey showing the property boundaries and noting any encroachments or easements. If you have a recent survey (within 5–7 years with no changes to the property), buyers often accept it. If not, a new survey runs $400–$700 in Houston. Check who pays for the survey in your contract — it's negotiable, but sellers often provide an existing survey and buyers pay for a new one if required.

HOA Documents (If Applicable)

If your home is in an HOA (very common in Houston suburbs), you must provide:

• HOA bylaws and deed restrictions
• Current fee schedule and payment status
• Minutes from recent HOA meetings
• Notice of any pending special assessments
• Resale certificate (typically ordered through the HOA management company, costs $150–$350)

The resale certificate is crucial — it certifies you're current on dues and discloses any HOA violations or pending actions. Order it as soon as you go under contract, as it can take 5–10 business days to receive.

Tax Certificate

A tax certificate from the Harris County Tax Office (or your county) confirms all property taxes are paid through the current period. Your title company will typically order this as part of the closing process. Unpaid taxes become the seller's responsibility to clear before closing.

Deed Transfer

The actual deed transferring ownership is prepared by the title company, not by you. You'll review and sign it at closing. The title company records it with the county after closing. In Texas, the most common deed type in residential sales is the General Warranty Deed, which warrants title against any claims — even those that arose before you owned the property.

Closing Disclosure (CD)

If the buyer is obtaining financing, the buyer's lender is required to provide a Closing Disclosure at least 3 business days before closing. As the seller, you'll receive your own closing statement from the title company showing your net proceeds after payoff of your mortgage, closing costs, prorated taxes, HOA fees, and any agreed-upon credits to the buyer.