Home Selling Checklist: Essential Documents and Steps

This comprehensive guide outlines essential documents and steps required when selling a home, written from a New York and New Jersey perspective.

Pre-Sale Documentation Requirements

The attorney handling your transaction will need several key items. Learn when to hire a seller's attorney:

1. Deed Copy

Obtain a copy of the deed. As long as it was recorded by the County Clerk, the "original" is not usually needed. Important: Verify correct spelling of your name on the deed.

2. Identification & Name Documentation

Provide valid government-issued photo ID and documentation for any name changes within the last decade. Confirm the ID is current and accurately spells your name exactly as it appears on the deed.

3. Title Insurance

Locate your Owner's Policy of Title Insurance. This document is crucial for the title company to issue a new policy to your buyer. Learn more about why title insurance matters.

4. Occupancy Documentation

Supply Certificate of Occupancy or letter of no objection, plus any permits or amendments for work done on the property.

5. Property Survey

Provide recent survey if available. Pro tip: I advise against sharing surveys directly with realtors or buyers before attorney review, as this can create unnecessary complications.

6. Mortgage Documents

Gather recent payment coupons or statements for all mortgages and home equity lines of credit. Your attorney will need this information to obtain payoff statements.

7. Undisclosed Encumbrances

Disclose any unrecorded deeds, mortgages, satisfactions, or releases to your attorney before attempting any recordings. Surprises at closing can be costly.

8. Property Modifications

Discuss any changes made to the property (legal or otherwise) with your attorney for proper contract disclosure. This includes:

• Room additions
• Finished basements
• Deck installations
• Electrical/plumbing upgrades
• Pool installations

9. Title Issues

Review documents for:

• Name variations
• Encroachments
• Easements
• Rights of way
• Other property details to include in the contract

Sales Process Steps

Property Preparation

Declutter and Clean: First impressions matter. Remove personal items, deep clean, and consider professional staging.

Make Necessary Repairs: Fix obvious issues that could scare away buyers or reduce your asking price.

Enhance Curb Appeal: The exterior is the first thing buyers see. Maintain landscaping, paint the front door, and ensure everything looks inviting.

Pricing and Marketing

Research Comparable Sales: Work with your agent to price competitively based on recent sales in your area.

Professional Photography: High-quality photos are essential in today's digital marketplace.

List the Property: Get your home on the MLS and popular real estate websites.

Host Open Houses: Give potential buyers the opportunity to view your home.

Offers and Negotiation

Review Offers Carefully: Don't just look at price—consider contingencies, closing timeline, and buyer qualifications.

Negotiate Terms: Your real estate attorney can help negotiate not just price, but terms that protect your interests.

Accept an Offer: Once you've reached agreement, it's time to move to contract.

Contract and Attorney Involvement

Contract Drafting: Your attorney will prepare or review the contract of sale. See what documents your attorney will prepare.

Attorney Review Period: In New York and New Jersey, there's typically a 3-day attorney review period where terms can be modified or the contract cancelled. Learn about the attorney review period.

Coordinate with Buyer's Attorney: Attorneys will work together to resolve any title issues and prepare for closing.

Inspections and Due Diligence

Home Inspection: The buyer will typically conduct a home inspection.

Resolve Issues: Negotiate repairs, credits, or price adjustments based on inspection findings.

Additional Inspections: Be prepared for termite, radon, or other specialized inspections.

Closing Preparation

Clear Title Issues: Your attorney will work to resolve any clouds on title.

Obtain Payoff Statements: For all mortgages and liens.

Coordinate with All Parties: Title company, attorneys, realtors, and lenders must all be on the same page.

Final Walkthrough: Buyer will do a final inspection before closing.

Closing Day

Execute Documents: Sign the deed, settlement statement, and other closing documents.

Receive Proceeds: After all fees and payoffs, you'll receive your net proceeds.

Transfer Keys: Hand over all keys, garage door openers, and access codes.

Celebrate: You've successfully sold your home!

Common Mistakes to Avoid

• Pricing Too High: Overpriced homes sit on the market and eventually sell for less.
• Hiding Problems: Disclosure laws require honesty about known defects. Understand your disclosure obligations.
• Poor Presentation: A messy, cluttered home won't show well.
• Being Inflexible: Sometimes compromise is necessary to close the deal.
• Not Using an Attorney: In New York and New Jersey, legal representation is crucial.

Conclusion

Selling a home involves many moving parts, but with proper preparation and professional guidance, the process can be smooth and successful. Having all your documentation in order from the start will help avoid delays and complications.

Ready to sell your home? Contact Pete Weinman for experienced legal representation throughout the process.