Home Selling Checklist.
Here's a list of the most common documents your attorney will need when you sell your home, along with some valuable hints. Written from my NY and NJ perspective (where I'm licensed) but should be the same, more or less, in other states (although you should check with a local attorney to confirm).
- Obtain a copy of the deed. As long as it was recorded by the County Clerk, the "original" is not usually needed, so don't worry if you cannot locate it. Confirm your name is spelled correctly. If your name has changed since you purchased the property, locate documentation, like a marriage certificate or proof of legal name change, to establish your identity.
- Ensure you have (and make a copy of) valid government-issued photo identification (driver's license, passport) and any documentation for name changes or variations within the last ten years. Confirm that your identification is not expired or about to expire, and ensure your name is spelled correctly on the ID. Believe it or not, typos have gone unnoticed!
- Locate your Owner's Policy of Title Insurance.
- Provide a copy of the Certificate of Occupancy (or letter of no objection, if you have one), along with any permits or amendments.
- Supply a recent survey of the property, if available. Note it's not usually a good idea to show your survey to a realtor or a prospective buyer directly without your attorney reviewing it first.
- Gather the most recent mortgage payment coupons or statements for all mortgages (including HELOCs).
- Disclose and discuss with your attorney any unrecorded deeds, mortgages, satisfactions, or releases, and do not attempt to record anything yourself without first discussing it with your attorney!
- Disclose and discuss with your attorney (not a Realtor or any prospective buyer) any changes you or any previous owner may have made to the property (legal or otherwise) so your attorney can adequately disclose and protect you in the contract.
- Review all your documents for any variations, encroachments, easements, or other property details to share with your attorney to be included in the contract.
- Prepare your home for sale by decluttering, cleaning, and making necessary repairs or upgrades.
- Determine a competitive listing price for your home by researching comparable properties or consulting with a Realtor.
- Hire a Realtor or decide to list the property as For Sale By Owner (FSBO).
- Market your property through online listings, professional photos, and open houses.
- Review and negotiate offers received from potential buyers, considering contingencies and financing.
- Select the best offer, sign the "binder" or "offer," and have your attorney draft the contract and begin the final negotiations with the buyer's attorney.
- Complete any required inspections and address any issues that arise.
- Attend the closing, provide all necessary documents and identification, finalize the transaction, hand over the keys, and get paid.

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