Universal documents (every FSBO sale)
- Purchase agreement / sales contract — names parties, price, terms, contingencies, closing date.
- Seller's property disclosure — answers a fixed list of questions about known defects.
- Lead-based paint disclosure (homes built before 1978) — federally required.
- Title commitment — ordered from a title company at the start of escrow.
- Deed (warranty deed in most states; grant deed in CA, NY) — drafted by title or attorney.
- Settlement statement (HUD-1 / CD) — itemizes every dollar at closing.
State-specific disclosure highlights
- California — Transfer Disclosure Statement (TDS), Natural Hazard Disclosure (NHD), Megan's Law disclosure. Extensive.
- Texas — TREC Seller's Disclosure Notice (OP-H). Use TREC-promulgated forms or risk an unenforceable contract.
- Florida — Florida Realtors/Florida Bar contract (FR/BAR) is standard. Lead disclosure if pre-1978.
- New York — Property Condition Disclosure Statement (or accept a $500 credit at closing for waiving it — common in NYC). Attorney closing required in practice.
- Illinois — Residential Real Property Disclosure Report. Attorney closing standard.
- Massachusetts — No state disclosure form, but case law makes nondisclosure of latent defects risky. Attorney closing required.
- Georgia — Seller's Disclosure form (optional but standard). Attorney closing required.
Title-company state vs. attorney-state
Title-company states (most of the U.S.) — title company drafts the deed, prepares the closing disclosure, handles escrow, and conducts the closing. Cost: $1,000–$2,500 from the seller side.
Attorney states (NY, NJ, MA, GA, SC, NC, others) — an attorney does the same work. Cost: $800–$2,000.
In every state, sellers can hire their own attorney for $400–$1,000 of review even if the title company runs closing — strongly recommended for FSBO.
Where to actually find the forms
Most states' real estate commissions publish promulgated forms free to the public. Texas (TREC), California (Cal BRE), Florida (DBPR) all have searchable databases. For states without promulgated forms, your title company will typically provide a state-standard contract on request.
Avoid generic 'free real estate contracts' from search results — they are often outdated or missing state-specific clauses.