Selling without an agent: the deed
In a for-sale-by-owner deal, the deed is your responsibility. Get the instrument right, understand what has to happen at closing, and know which corners are safe to cut, and which two are not.
Which deed a private sale needs
| Deed | Use it when |
|---|---|
| General warranty deed | The standard for a residential sale. Full title covenants; what most buyers and contracts expect. |
| Special warranty deed | You inherited the property or owned it briefly and can't warrant its earlier history. Common in estates and investment sales. |
| Quitclaim deed | Not for an arm's-length sale. No buyer should accept one from a stranger, and no seller should expect one to be accepted. |
What happens at closing
- The purchase agreement comes firstPrice, closing date, contingencies, and which deed will be delivered. Get this in writing before anything else.
- The buyer does a title searchOr a title company does it for them. This is where liens, easements, and chain-of-title gaps surface.
- Payoff figures are orderedYour lender provides a payoff statement good through the closing date. The existing mortgage is paid from the proceeds.
- The deed is signed and notarizedYou sign as grantor in front of a notary, plus witnesses if your state requires them.
- Funds and deed exchangeUse an escrow or closing agent. Never hand over a signed deed before the money has cleared.
- The deed is recordedUsually by the closing agent, the same day. The buyer's ownership goes on the public record.
What not to skip to save money
Use a closing or escrow agent, and let the buyer have title insurance
Skipping the agent means one side is holding either the money or the deed without the other. Skipping the title search means the buyer discovers a lien after closing, and comes back to you under the warranty covenants you just signed. Both are false economies measured in tens of thousands.
What you can save is the 5–6% agent commission and the $300–$1,200 an attorney charges to prepare the deed. Those are real savings. The title work and the escrow are not the place to economize.
$69 for a warranty or special warranty deed, formatted to your state's requirements.
Common questions
Legally, yes. Practically, the buyer's title company will review it, and if it does not meet state requirements the closing stops. Deedly's warranty deed is built to your state's statutory language for $69, which removes that risk for a fraction of an attorney's fee.
Usually the seller, since they are the grantor. In some states (Georgia, South Carolina, and a handful of others) an attorney has to be involved in the closing itself, though not necessarily in preparing the deed. Check your state's rules.
In a dozen or so states an attorney must participate in the closing. Elsewhere it is optional, and many FSBO sellers use a title company for closing plus a prepared deed. If there is seller financing, a land contract, or any known title issue, get a lawyer regardless.
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Deedly is not a law firm
We provide self-help software and state-specific statutory forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.