For Sale By Owner (FSBO): Property Records, Title Searches, and Protecting Your Transaction

Selling or buying a home without a real estate agent requires careful attention to property records and title verification. A For Sale By Owner (FSBO) transaction transfers property ownership directly between buyer and seller, eliminating agent commissions but placing full responsibility for due diligence on the parties involved. Understanding how to access property records, conduct title searches, and verify clear ownership protects both buyers and sellers from costly legal disputes and hidden liens.

Whether you are a first-time FSBO seller looking to save on commission costs or a buyer considering a property listed by owner, this guide explains the essential property records and title verification steps that protect your transaction.

What Is For Sale By Owner (FSBO)?

For Sale By Owner (FSBO) is a method of selling real estate where the property owner markets and sells their home without using a licensed real estate agent. In a typical agent-assisted sale, the listing agent handles pricing strategy, marketing, showings, negotiations, and transaction coordination in exchange for a commission that historically ranged from 5% to 6% of the sale price. FSBO sellers take on these responsibilities themselves, potentially saving thousands of dollars in commission fees.

According to the National Association of Realtors (NAR), FSBO transactions accounted for just 6% of all home sales in 2024, the lowest percentage on record since NAR began tracking this data. The typical FSBO home sold for $380,000 in 2024, compared to $435,000 for agent-assisted sales. While multiple factors contribute to this price difference, the statistics underscore the importance of proper preparation and due diligence when pursuing an FSBO transaction.

Why Sellers Choose FSBO

The primary motivation for selling FSBO is avoiding real estate agent commissions. On a $400,000 home sale, a traditional 5% to 6% commission would cost $20,000 to $24,000. FSBO sellers retain these funds, though they typically still need to budget for marketing expenses, legal fees, and potentially a buyer’s agent commission if the buyer is represented.

NAR data shows that 38% of FSBO sellers in 2024 chose this route because they were selling to someone they already knew, such as a family member, friend, or neighbor. These transactions often move faster and are more likely to close at the asking price because both parties have an existing relationship and trust.

FSBO sales remain more common in rural areas, where 13% of sellers handle transactions themselves compared to 6% in suburban and urban markets. Rural sellers may have stronger community connections that facilitate direct sales and may face fewer competing listings that require aggressive marketing.

Essential Property Records for FSBO Transactions

Property records are official documents that establish ownership, define property boundaries, record transfers, and disclose encumbrances such as liens or easements. In any real estate transaction, verifying these records protects buyers from purchasing property with hidden defects in the title and ensures sellers can legally transfer ownership.

For FSBO transactions, accessing and understanding property records becomes critically important because there is no agent intermediary to identify potential issues. Both buyers and sellers should obtain and review the following documents before finalizing any sale.

Deed and Ownership Records

The deed is the legal document that transfers property ownership from one party to another. Recorded deeds establish the chain of title, which is the historical sequence of ownership transfers for a property. Reviewing the current deed confirms the seller’s legal authority to sell the property and identifies any co-owners who must participate in the sale.

Common deed types include warranty deeds (which guarantee clear title), quitclaim deeds (which transfer only the seller’s interest without guarantees), and special warranty deeds (which provide limited guarantees). FSBO buyers should insist on a warranty deed whenever possible to obtain the strongest protection against title defects.

Deed copies are available through county recorder or clerk of court offices. Many counties now provide online access to recorded documents, though some records may require in-person requests or professional retrieval services for older or complex documents.

Property Tax Records

Property tax records from the county assessor’s office provide assessed values, tax payment history, and any delinquent taxes owed on the property. Unpaid property taxes create tax liens that attach to the property and must be satisfied before ownership can transfer. FSBO buyers should verify that all property taxes are current and factor any outstanding amounts into closing negotiations.

Tax records also reveal the property’s legal description, parcel number, and any special assessments for improvements such as road maintenance, sewer connections, or community infrastructure projects. Understanding these ongoing obligations helps buyers budget for ownership costs beyond the purchase price.

Survey and Boundary Information

Property surveys establish exact boundaries and identify any encroachments, easements, or setback violations. While sellers may have an existing survey on file, buyers should consider ordering a new survey to confirm current conditions, especially for older properties or those with recent neighbor construction.

Boundary disputes between neighbors can complicate or derail property sales. A clear survey provides documented evidence of property lines and can reveal issues such as a fence built on the wrong side of the boundary, a neighbor’s driveway crossing the property, or utility easements that restrict building options.

Title Searches: Verifying Clear Ownership

A title search is a comprehensive examination of public records to verify legal ownership and identify any claims, liens, encumbrances, or defects that could affect the property’s title. Title searches examine recorded documents including deeds, mortgages, liens, judgments, easements, and court records to establish whether the seller has clear authority to transfer ownership.

For FSBO transactions, conducting a thorough title search before closing is essential. Without an agent or broker guiding the process, buyers and sellers must ensure this critical step is not overlooked. Title defects discovered after closing can result in costly litigation, loss of property, or inability to refinance or sell in the future.

What Title Searches Reveal

Professional title searches examine multiple categories of public records to identify potential issues. Property liens fall into six primary categories: tax liens, mechanic’s liens, judgment liens, mortgage liens, HOA liens, and child support liens. Each type of lien must be resolved before clear title can transfer to a buyer.

Title searches also reveal ownership history gaps, undisclosed heirs with potential claims, pending lawsuits involving the property, easements that may restrict property use, and deed errors or forgeries in the chain of title. Identifying these issues before closing allows parties to negotiate solutions or avoid problematic transactions entirely.

Title Search vs. Title Insurance

A title search identifies known issues in the public record, while title insurance protects against unknown defects or claims that may emerge after closing. Title insurance policies cover legal defense costs and potential losses if someone challenges your ownership based on a defect that was not discovered in the search.

Most mortgage lenders require borrowers to purchase a lender’s title insurance policy to protect the loan. Owner’s title insurance, while optional, provides additional protection for the buyer’s equity. In FSBO transactions where buyers may not have professional guidance, owner’s title insurance offers valuable protection against undiscovered defects.

Lien Searches: Identifying Financial Claims Against Property

A lien search identifies all recorded financial claims against a property. Liens give creditors legal rights to the property as collateral for unpaid debts, and most liens must be satisfied (paid off) before ownership can legally transfer to a new buyer. For FSBO transactions, a thorough lien search protects buyers from inheriting the seller’s debts.

Common Types of Property Liens

Mortgage Liens: The most common type of property lien, securing repayment of the home loan. The existing mortgage must be paid off at closing before clear title transfers.

Tax Liens: Federal, state, and local governments can place liens on property for unpaid income taxes, property taxes, or other tax obligations. Tax liens typically take priority over other liens.

Mechanic’s Liens: Contractors, subcontractors, and suppliers can file liens for unpaid work or materials provided to the property. These liens may not appear immediately and can be filed months after work is completed.

Judgment Liens: When a property owner loses a lawsuit and owes money to the plaintiff, the court judgment can become a lien on their property.

HOA Liens: Homeowners associations can place liens for unpaid dues, assessments, or fines.

Child Support Liens: Unpaid child support obligations can result in liens against real property.

The FSBO Process: Step-by-Step Guide

Successfully completing an FSBO transaction requires careful attention to property records verification at each stage. The following steps outline the process from preparation through closing.

Pre-Listing Preparation for Sellers

Before listing your property for sale, obtain copies of your deed to confirm ownership and identify any co-owners. Order a preliminary title report or owner’s title search to identify any liens, easements, or encumbrances that need to be addressed before selling. Review property tax records to verify all taxes are current and identify any special assessments.

Gather all relevant documents including the survey, any permits for improvements, HOA information, and prior inspection reports. Proactively addressing title issues before listing prevents delays and failed transactions later.

Pricing and Marketing

NAR data shows that 17% of FSBO sellers identify getting the right price as the most difficult aspect of selling. Research comparable sales in your area using public property records and online listing data. Consider hiring an appraiser for an objective property valuation.

Marketing strategies for FSBO sellers include yard signs, online listing platforms, social media, and MLS flat-fee services that syndicate your listing to major real estate websites. According to NAR, yard signs and internet listings are the most popular marketing methods among FSBO sellers.

Due Diligence for FSBO Buyers

Buyers purchasing FSBO properties should conduct the same due diligence they would for any real estate transaction. Order a professional title search and lien report to verify clear ownership and identify any encumbrances. Research the property’s sales history, tax assessment trends, and any pending litigation involving the property or seller.

Hire a licensed home inspector to evaluate the property’s condition. Review all seller disclosures carefully, as most states require FSBO sellers to disclose known material defects just as agent-represented sellers must. Consider engaging a real estate attorney to review contracts and guide you through closing.

Contract and Negotiation

FSBO transactions require legally binding purchase agreements that protect both parties. State laws govern real estate contracts, and requirements vary significantly by jurisdiction. Using state-approved contract forms or hiring an attorney to draft or review your agreement helps ensure compliance and protects your interests.

Key contract terms include purchase price, earnest money deposit, financing contingencies, inspection contingencies, title contingencies, closing date, and allocation of closing costs. Both parties should clearly understand their rights and obligations before signing.

Closing the Transaction

FSBO transactions typically close through a title company, escrow company, or real estate attorney depending on local practice. The closing agent coordinates document preparation, handles fund disbursement, satisfies any outstanding liens, and records the new deed with the county.

Before closing, review the final title commitment to confirm all identified issues have been resolved. Verify that seller payoffs, prorations, and credits match your understanding. Both parties should receive copies of all recorded documents after closing.

FSBO Market Statistics and Trends

Understanding current FSBO market trends helps buyers and sellers set realistic expectations. The National Association of Realtors has tracked FSBO statistics for over four decades, documenting significant changes in how Americans buy and sell homes.

In 1985, FSBO sales comprised approximately 21% of all home sales. By 2024, that figure had dropped to just 6%, the lowest percentage on record. Meanwhile, 90% of home sellers in 2024 worked with a real estate agent, reflecting growing complexity in real estate transactions and the availability of alternative low-commission options.

The median FSBO sale price in 2024 was $380,000, compared to $435,000 for agent-assisted sales. This $55,000 gap does not necessarily mean FSBO sellers underperform; FSBO transactions are more common for lower-cost properties, mobile homes, vacant land, and sales between acquaintances where market pricing is less relevant.

Among FSBO sellers in 2024, 38% sold to someone they already knew, such as a family member, friend, or neighbor. These transactions often close faster and more frequently achieve the asking price because buyers and sellers have pre-existing trust.

Why Property Records Matter in FSBO Transactions

In agent-assisted transactions, real estate professionals typically coordinate title searches and lien reports, review preliminary title commitments, and ensure all requirements are met before closing. FSBO transactions place these responsibilities directly on buyers and sellers, making thorough property records verification essential.

NAR’s research shows that 43% of FSBO sellers admit to making legal mistakes during the selling process. Common errors include inadequate disclosures, incomplete contracts, and failure to verify clear title before attempting to close. These mistakes can result in failed transactions, legal disputes, or financial losses for both parties.

Professional title search and lien report services help FSBO buyers and sellers identify potential issues early, when they can be addressed or negotiated rather than discovered at closing when the transaction may fail. Investing in proper due diligence protects the significant financial and legal interests at stake in any real estate transaction.

Accessing Property Records for Your FSBO Transaction

Property records are available through multiple sources depending on the document type and jurisdiction. County recorder or clerk of court offices maintain deed records, mortgage records, lien filings, and other recorded documents. County assessor offices provide property tax records, assessed values, and parcel information.

Many counties now offer online access to recorded documents through web portals. However, online records may be incomplete, difficult to search, or require payment for each document retrieved. Professional title search services can efficiently compile comprehensive reports from multiple sources, saving time and ensuring no relevant records are missed.

For FSBO transactions, consider working with a title search company that can provide preliminary title reports, lien searches, and deed retrieval services. These services are particularly valuable for complex situations involving older properties, properties with multiple prior owners, or properties in counties with limited online record access.

Protecting Your FSBO Transaction

For Sale By Owner transactions offer potential savings but require careful attention to property records, title verification, and legal requirements. Both buyers and sellers benefit from conducting thorough due diligence before committing to any FSBO transaction.

For FSBO sellers: Order a preliminary title search before listing to identify and address any issues. Gather all property documents including deeds, surveys, tax records, and disclosure forms. Consider consulting a real estate attorney to ensure your contracts protect your interests.

For FSBO buyers: Never purchase property without a professional title search and lien report. Verify clear ownership, identify all encumbrances, and understand what you are buying. Purchase owner’s title insurance to protect your investment against undiscovered defects.

Whether you are buying or selling, professional property research services help ensure your FSBO transaction closes smoothly and protects your interests. Taking time for proper due diligence is always faster and less expensive than resolving title disputes after closing.

Need Property Records or Title Search Services?

U.S. Title Records provides nationwide property title search, lien search, and deed retrieval services for FSBO transactions, real estate professionals, attorneys, lenders, and investors. With over 16 years of experience conducting property research across all 50 states, we deliver accurate, timely reports with no subscription required.

Contact us to order a title search, lien report, or deed copy for your FSBO transaction.

Frequently Asked Questions

Do I need a title search for an FSBO purchase?

Yes. A title search verifies legal ownership and identifies liens, encumbrances, or defects that could affect your ownership rights. Skipping this step exposes buyers to significant financial and legal risk regardless of how the property is being sold.

Can I conduct my own title search?

While property records are public, conducting a thorough title search requires knowledge of where to look, what to look for, and how to interpret findings. Professional title search services ensure comprehensive review of all relevant records across multiple jurisdictions and document types.

Who pays for the title search in an FSBO transaction?

This is negotiable between buyer and seller. In many markets, buyers traditionally pay for title searches and title insurance, but FSBO parties can allocate these costs however they agree in the purchase contract.

How long does a title search take?

Professional title searches typically take 24 to 72 hours depending on the property’s complexity and the county’s record accessibility. Properties with complicated ownership histories, multiple liens, or records in difficult-to-access counties may require additional time.

What if the title search reveals problems?

Discovering title issues before closing allows parties to negotiate solutions. The seller may need to pay off liens, obtain releases, or clear defects before the sale can proceed. In some cases, buyers may negotiate a price reduction or walk away from problematic properties.

Do FSBO sellers need to provide disclosures?

Yes. Most states require property sellers to disclose known material defects regardless of whether they use an agent. Disclosure requirements vary by state, so FSBO sellers should research their state’s specific requirements or consult with a real estate attorney.