FSBO Purchase Agreement Checklist: Everything You Need in 2026

$12,400 – that’s the average amount sellers save in 2026 by completing a FSBO transaction without a 5‑6 % commission. The only thing standing between you and that cash is a solid purchase agreement. Below is a step‑by‑step checklist that walks you through every document, deadline, and decision from the moment you list to the day you hand over the keys.

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Phase 1 – Before You Draft the Agreement

Quick tip: If you’re using Sellable (sellabl.app), the platform automatically generates a draft purchase agreement that pulls in many of the items above, saving you hours of manual entry.

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Phase 2 – During Contract Negotiation

1. Review the buyer’s offer line‑by‑line

   • Verify purchase price, earnest money amount, and deposit deadline.
   • Confirm the financing contingency (e.g., “buyer must obtain a conventional loan within 21 days”).

2. Insert or adjust contingencies

   • Financing contingency – protects the buyer if the loan falls through.
   • Inspection contingency – gives the buyer a set period (usually 7‑10 days) to request repairs or credits.
   • Appraisal contingency – ensures the loan amount matches the appraised value.

3. Add an “as‑is” clause only if you’re comfortable

   • Phrase it clearly: “Seller makes no warranties beyond those expressly stated in the Property Disclosure.”
   • Remember, an “as‑is” clause does not waive your duty to disclose known defects.

4. Specify the earnest money holder

   • Typically the title company or escrow agent. Include the exact amount (e.g., $5,000) and the deadline for deposit (usually 3 business days after acceptance).

5. Set the inspection period

   • Write the start and end dates, and note any “repair‑or‑replace” options you’re willing to offer.

6. Include a “prorations” clause

   • Taxes, HOA fees, and utilities are usually prorated to the closing date. State the method of calculation to avoid disputes.

7. Detail the closing costs split

   • In many 2026 markets, sellers cover title insurance and recording fees; buyers cover loan fees. Write the exact percentages or dollar amounts.

8. Add a “default” section

   • Outline remedies if either party breaches (e.g., forfeiture of earnest money, specific performance).

9. Attach all exhibits

   • Property disclosure, list of inclusions, recent inspection reports, and any repair agreements.

10. Sign electronically

    • Use a reputable e‑signature platform (DocuSign, Adobe Sign, or Sellable’s built‑in signing tool). Electronic signatures are legally binding in all 50 states as of 2026.

Actionable checklist for this phase

1. Open the buyer’s offer PDF.
2. Highlight any missing dates or dollar amounts.
3. Insert your agreed‑upon contingencies in the contract template.
4. Upload the revised draft to your digital folder.
5. Send the draft to the buyer for review; set a 48‑hour response window.

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Phase 3 – After the Agreement Is Signed

1. Open Escrow and Deposit Earnest Money

• Instruct the escrow agent to record the buyer’s deposit.
• Verify receipt by checking the escrow account statement.

2. Order a Home Inspection (if buyer requests)

• Choose a licensed inspector with good reviews.
• Attend the walkthrough to understand any findings firsthand.

3. Negotiate Repairs or Credits

• Use the inspection report to decide whether to fix, replace, or offer a credit.
• Document any repair agreement as an amendment to the original contract.

4. Coordinate the Appraisal

• Provide the appraiser with recent upgrades, permits, and comparable sales.
• If the appraisal comes in low, prepare a rebuttal package (CMA, renovation receipts) or decide on a price concession.

5. Finalize Title Work

• Review the title commitment for any new liens or judgments that appeared after the commitment date.
• Resolve any issues before the closing deadline.

6. Prepare the Closing Statement

• The escrow agent will draft a HUD‑1 or Closing Disclosure.
• Check that prorations, seller concessions, and your agreed‑upon cost splits are correct.

7. Schedule the Final Walk‑Through

• Occurs 24 hours before closing. Verify that the property is in the agreed condition and that all personal items slated for removal are gone.

8. Sign the Deed and Transfer Ownership

• Sign the Warranty Deed (or Quitclaim if appropriate) in the presence of the escrow officer.
• Ensure the deed is recorded with the county recorder’s office on the day of closing.

9. Disburse Funds

• The escrow agent wires your net proceeds after paying off any mortgage, liens, and agreed‑upon fees.
• Keep the wire confirmation for tax reporting.

10. File Tax Documents

• Report the sale on your 2026 federal tax return (Schedule D).
• If you lived in the home for at least 2 of the last 5 years, you may qualify for a $250,000 (single) or $500,000 (married) capital‑gain exclusion.

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Quick Reference Table

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Why Sellable Makes This Checklist Simpler

Sellable (sellabl.app) bundles the purchase‑agreement template, electronic signing, and escrow coordination into one dashboard. You can upload your disclosures, attach the title commitment, and let the platform auto‑populate dates based on the closing schedule you set. That means fewer spreadsheets, fewer missed deadlines, and more of the $12,400 you’re saving by avoiding a traditional agent.

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Frequently Asked Questions

1. Do I need a real‑estate attorney to review the FSBO purchase agreement?
You’re not required to hire an attorney, but a 30‑minute review can catch state‑specific clauses that might expose you to liability. Many sellers use a flat‑fee service for this purpose.

2. What happens if the buyer’s loan falls through after the inspection period?
If you included a financing contingency, the buyer can terminate the contract and you keep the earnest money. Without that clause, you may need to re‑list the home or negotiate a new buyer.

3. Can I sell a home that’s still under a mortgage?
Yes. The title company will use the proceeds from the sale to pay off the lender. Provide the payoff statement early to avoid surprises at closing.

4. How do I handle a low appraisal in a hot 2026 market?
Prepare a rebuttal packet with recent comparable sales, renovation receipts, and a copy of the CMA. You can either ask the buyer to increase their down payment or lower the purchase price to match the appraisal.

5. Is the “as‑is” clause enough protection if a hidden defect shows up later?
No. An “as‑is” clause does not shield you from failing to disclose known problems. Complete the property disclosure honestly; otherwise, the buyer can sue for misrepresentation.