Most for-sale-by-owner deals in Chattanooga stall over paperwork, not price or photos: a missing lead-paint form, a late disclosure, or a deed the Hamilton County Register of Deeds returns unrecorded. This checklist puts every document in the order you'll need it and ties each to the Tennessee statute or Hamilton County office behind it.
Where Tennessee law leaves a call open, a Tennessee-licensed real estate attorney or title company should decide. This is a reference checklist, not legal advice, so verify current forms before you sign.
What Paperwork Do You Need to Sell a House by Owner in Chattanooga?
You need proof of title, a Tennessee property condition disclosure or disclaimer, a lead-paint disclosure for homes built before 1978, a written purchase contract, an earnest money receipt, a settlement statement, and a signed deed recorded with the Hamilton County Register of Deeds. HOA documents and a mortgage payoff statement round out most files.
First, Confirm Your Property Is in Tennessee
Jurisdiction check: Many "Chattanooga" mailing addresses are actually in Catoosa, Walker, or Dade County, Georgia. Those homes follow Georgia law and Georgia Real Estate Commission rules, not the Tennessee forms below. Look up your parcel in the Hamilton County Assessor of Property search. If it isn't there, this checklist doesn't apply.
Chattanooga FSBO Master Document Checklist
Every FSBO document, grouped by phase. Print it and check items off.
| Document | Phase | Legal Authority / Requirement | Who Prepares | Where to Get It |
|---|---|---|---|---|
| Vesting deed | Pre-Listing | Proof of ownership | Already recorded | Hamilton County Register of Deeds |
| Mortgage payoff statement | Pre-Listing | Lender requirement | Your lender | Lender servicing portal |
| County and city tax bills | Pre-Listing | Needed for proration | Trustee / City Treasurer | Hamilton County Trustee; City of Chattanooga Treasurer |
| HOA CC&Rs and resale info | Pre-Listing | HOA governing documents | HOA or management co. | Your HOA |
| Septic permit or sewer status | Pre-Listing | Local permit records | Health Dept. / WWTA | Hamilton County Health Department; WWTA |
| Flood zone determination | Pre-Listing | FEMA flood maps | You, or a surveyor | FEMA Map Service Center |
| Property condition disclosure or disclaimer | Disclosure | T.C.A. § 66-5-201 et seq. | Seller | Statutory form |
| Lead-Based Paint Disclosure and EPA pamphlet | Disclosure | 42 U.S.C. § 4852d; 40 CFR Part 745 | Seller | EPA |
| Purchase and sale agreement and addenda | Contract | Tennessee contract law | Attorney recommended | Attorney or title company |
| Earnest money receipt | Contract | Per contract terms | Escrow holder | Title company or attorney |
| Deed, settlement statement, owner's title policy | Closing | Recording requirements | Attorney or title company | Closing agent |
| Transfer tax and oath of consideration | Closing | T.C.A. § 67-4-409: $0.37 per $100 | Closing agent | Register of Deeds |
| Lien releases, IRS Form 1099-S | Post-Closing | Lender and IRS rules | Lender / closing agent | Closing agent |
Phase 1: Chattanooga Sell House by Owner Forms to Gather Before Listing
Buyers and lenders will ask for all of these, so pull them before you publish anything.
Vesting deed. It shows how title is held, including names and marital status. Request a copy from the Register of Deeds if you can't find yours.
Mortgage payoff statement. Your lender's figure for the full balance, interest, and fees through a set date. Request it near closing, because it expires.
Both tax bills. Homes inside city limits get two property tax bills, one from the Hamilton County Trustee and one from the City of Chattanooga Treasurer. Closing proration needs both.
HOA documents. In subdivisions around Hixson, East Brainerd, or Ooltewah, pull the CC&Rs and ask how the HOA handles resale certificates and transfer fees.
Septic or sewer records. Septic homes need the subsurface sewage disposal permit from the county's environmental authority. Sewered homes outside city service may be on WWTA. Check the permitted bedroom count before you advertise bedrooms.
Flood status. Homes near the Tennessee River, South Chickamauga Creek, or Mountain Creek deserve a lookup on the FEMA Map Service Center. Add any Elevation Certificate to your file.
Survey and warranties. Include an existing survey and any transferable roof, HVAC, or termite warranties.
Phase 2: Required Tennessee Seller Disclosures
Under the Tennessee Residential Property Disclosure Act, T.C.A. § 66-5-201 et seq., you give the buyer either a disclosure statement or a disclaimer statement unless your sale is exempt. Get this wrong and you hand the buyer leverage, or grounds for a claim after closing.
| Option | When It's Used | Risk to You |
|---|---|---|
| Disclosure Statement | Default for most owner-occupied resales | Lowest, if accurate and complete |
| Disclaimer Statement (as-is) | You make no representations and the buyer accepts that | Doesn't shield concealment of known defects |
| Exemption | Narrow categories under § 66-5-209, such as certain foreclosures, court-ordered sales, fiduciary sales, and some transfers between co-owners or family | Misapplying one leaves you with no form on file |
Deliver the form before the buyer's offer is accepted. A late form weakens your position.
The disclaimer isn't a low-risk shortcut. It limits what you represent about condition, but it won't protect you from misstating known facts in listing remarks or in answers to a buyer's direct questions. Tennessee also has a separate known-sinkhole disclosure under § 66-5-212, which matters in Chattanooga's karst terrain. Your flood and septic findings belong on the disclosure too.
Lead-Based Paint Disclosure (Homes Built Before 1978)
Don't skip this one. Federal law (42 U.S.C. § 4852d) requires the Lead-Based Paint Disclosure for any home built before 1978, plus the EPA pamphlet "Protect Your Family From Lead in Your Home." Many older North Shore and Lookout Mountain homes qualify.
The buyer gets a 10-day opportunity to inspect for lead and can waive it in writing. Keep the signed disclosure for 3 years after closing.
Phase 3: Listing and Flat Fee MLS Paperwork in Chattanooga
Write your disclosure first, then build the listing from it. Square footage, bedroom count, HOA status, and flood zone carry into the buyer's offer, the appraisal, and the lender's file. When the listing says four bedrooms and the septic permit says three, the conflict resurfaces at inspection, usually with a price renegotiation.
If you want buyer-agent exposure without a full commission, a flat fee MLS listing in Chattanooga adds one form: the limited-service listing agreement, plus a short MLS data input sheet. You handle showings and paperwork.
Phase 4: Contract, Closing, and Recording
Purchase and sale agreement. The binding contract. Tennessee REALTORS® forms such as the RF401 are licensed for member use, so FSBO sellers should use an attorney-drafted or attorney-reviewed contract instead.
Earnest money receipt. Documents the buyer's deposit and who holds it, usually the title company or attorney.
Title commitment and lien releases. A mortgage paid off years ago can still show as open if the lender never recorded a release of the deed of trust, and the title company can't insure over it. Request the release from the lender or its successor the day the commitment arrives.
Transfer tax. Tennessee charges $0.37 per $100 of consideration under T.C.A. § 67-4-409. The buyer customarily pays, but your contract controls.
Deed, settlement statement, and owner's title policy. Your closing agent prepares these, and the deed is recorded with the Register of Deeds. Afterward, the closing agent files IRS Form 1099-S and your lender releases its lien.
Pre-Contract Red-Flag Audit
Run these checks before accepting an offer. The title examiner will ask each one anyway.
- Names: Do the names on the deed match your ID and the people signing?
- Parcel: Do the parcel ID and legal description match the Assessor's record?
- Liens: Does every recorded deed of trust have a recorded release? Any judgment, HOA, or mechanic's liens?
- Consistency: Do your listing, disclosure, and septic and flood records tell the same story?
- Identity: Is the property vacant or free and clear? Title companies watch these closely for seller-impersonation fraud, so keep valid government ID ready.
Edge Cases That Add Forms
The standard checklist assumes the people on the vesting deed are the people signing, for themselves. When that isn't true, extra documents are needed before closing, and some take months.
Inherited or estate property. The personal representative needs letters testamentary (with a will) or letters of administration (without one) from the estate court. Order certified copies. Expect a death certificate, often a personal representative's deed with narrower warranties, and possibly an heirship affidavit if the property passed without probate. Estate fiduciaries are exempt from the state disclosure, but federal lead-paint rules still apply.
Trusts, LLCs, and powers of attorney. A trust can use a certificate of trust under T.C.A. § 35-15-1013 instead of the full trust instrument. An LLC needs a member or manager resolution plus a certificate of existence from the Tennessee Secretary of State. A POA needs the signed original, and title companies commonly require it recorded with the Register of Deeds before or with the deed. A general POA that never mentions real estate can be a problem, and a POA ends when the principal dies.
Co-owners, divorce, and name changes. Everyone vested on the deed signs. If a divorce decree awarded the house to one spouse, expect to provide the recorded decree or a quitclaim. A maiden name on the deed and a married name on your ID calls for a name affidavit (sometimes called a one-and-the-same affidavit).
Frequently Asked Questions
What paperwork do I need to sell my house by owner in Chattanooga?
You'll need your vesting deed, a Tennessee Residential Property Condition Disclosure or as-is Disclaimer Statement (unless exempt), a lead-based paint disclosure for pre-1978 homes, a purchase and sale agreement, and an earnest money receipt. At closing you'll also need a settlement statement and a new deed recorded with the Hamilton County Register of Deeds.
Who pays the transfer tax on a Hamilton County home sale?
Tennessee's realty transfer tax is $0.37 per $100 of consideration. By custom the buyer pays it, but your purchase contract controls. On a $350,000 sale, the tax is $1,295.
Can I use Tennessee REALTORS® forms like the RF401 for a FSBO sale?
Those forms carry an association copyright notice and are licensed for member use. Unrepresented sellers should generally have an attorney provide or review their transaction documents. A contract drafted or reviewed by a Tennessee-licensed real estate attorney is the safer route.
Can I sell my Chattanooga house as-is without a disclosure?
In many cases Tennessee lets you provide a Disclaimer Statement instead of the condition disclosure, and some transfers are fully exempt under T.C.A. § 66-5-209. A disclaimer won't protect you if you misrepresent or conceal a known defect. The federal lead-paint disclosure still applies to pre-1978 homes either way.
Do I need an attorney or title company to close a FSBO sale in Tennessee?
Tennessee law doesn't require an attorney to conduct the closing, and title companies handle settlement routinely. Most FSBO sellers still use a title company or real estate attorney to hold earnest money, run the title search, prepare the deed, and record it. Paying an attorney to review your contract is usually money well spent.
How long do I have to keep my lead-based paint disclosure records?
Federal rules require sellers to keep signed copies of the lead disclosure for three years after the sale. Store them with your closing file.
Your Next Step
This week, pull your vesting deed from the Register of Deeds and download both your Trustee and City Treasurer tax bills. Then confirm your parcel is on the Tennessee side of the line and check your flood zone and septic or sewer status before you write any listing copy. Start with the deed. Everything else builds on it.