What paperwork is needed to buy off-market?

Updated October 2026 · How we answer

Short answerYou'll need a purchase agreement, a promissory note (if seller financing), a deed, and a title search. For lease options, you'll also need a lease agreement and option contract. Exact documents vary by state.

Core documents

The purchase agreement outlines the price, terms, contingencies, and closing date. If the seller is financing, you'll also sign a promissory note (the promise to repay) and a mortgage or deed of trust (which gives the seller a lien on the property).

A deed transfers ownership from seller to buyer. It must be signed by the seller, notarized, and recorded with the county. A title search and title insurance protect you from ownership disputes or liens.

  • Purchase agreement: price, terms, contingencies, closing date.
  • Promissory note: repayment terms, interest rate, late fees.
  • Mortgage or deed of trust: secures the seller's interest.
  • Deed: transfers title; must be recorded.
  • Title search and insurance: confirms clear ownership.
  • Lease agreement and option contract (for rent-to-own).

State-specific and disclosure forms

Many states require a seller's property disclosure statement, lead-based paint disclosure (for homes built before 1978), and a closing statement (often called an ALTA settlement statement). Some states also require an attorney to handle the closing.

If you're buying through a land contract or contract for deed, the paperwork is different and may need to be recorded to protect your interest. Always have a local real estate attorney review everything before you sign.

Common mistakes

  • Using a generic online form that doesn't comply with your state's laws.
  • Skipping a title search and later finding liens or ownership claims.
  • Not recording the deed or contract, which can leave your ownership unenforceable.
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