What a Seller Package Contains
The seller's closing package is substantially shorter than the buyer's — typically 20–40 pages compared to 150–200 for a purchase buyer. The seller is not taking on a new loan; they are transferring ownership of the property. The documents reflect this: they are primarily about conveying title and completing the tax and disclosure requirements associated with a sale, rather than documenting loan terms and obligations.
Seller packages are among the most efficient signing appointments in a signing agent's day — typically 20–30 minutes when the seller is organized and the package is complete. However, efficiency requires preparation: know which documents require notarization, have your seal tested and ready, and review the package in advance for any unusual documents that might generate questions.
Core Seller Package Documents
Grant Deed or Warranty Deed
This is the operative document in the seller's package — the instrument that transfers legal title from the seller to the buyer. It must be notarized and recorded. Key points:
- The seller's name on the deed must exactly match the name on the existing title. Any variation — middle name present/absent, "Jr." included or omitted — requires attention and possibly a correction affidavit
- The buyer's name(s) appear as the grantee and must match the purchase contract exactly
- The legal description of the property must be accurate — the title company provides this, but verify it is present and complete before the signing
- The deed is notarized as an acknowledgment: the seller acknowledges they are voluntarily transferring the property
Grant deeds (common in California and other Western states) include an implied warranty that the grantor has not previously conveyed the property to another party. Warranty deeds (common in most other states) include a broader guarantee of clear title. The notarization procedure is identical for both.
Seller's Affidavit / Owner's Affidavit
A sworn statement by the seller affirming various facts about the property: that there are no undisclosed liens, no pending assessments, no known title defects, and that the seller has the legal right to sell the property. This is a jurat — the seller must sign it in your presence and swear or affirm the contents are true. Note this distinction: the deed is an acknowledgment; the affidavit is a jurat. Your notarial certificate and your journal entry must reflect the correct act type for each document.
1099-S (Proceeds from Real Estate Transactions)
The IRS form reporting the gross proceeds from the real estate sale. The seller acknowledges the proceeds amount. Not notarized, but a required signature in most packages. If the 1099-S shows proceeds that differ from the seller's expectation, redirect questions to the title company or their tax advisor.
Seller's Closing Statement / Settlement Statement
Shows the seller's side of the transaction: sale price, payoffs (existing mortgage, home equity loans), real estate commissions, transfer taxes, and net proceeds. The seller acknowledges this statement. If the net proceeds differ from what the seller expected, pause and call the title company — do not proceed with the signing if the seller disputes the figures.
Transfer Tax Declarations
Most states and many counties require a transfer tax declaration form that calculates the transfer tax due based on the sale price. The seller typically completes or signs this form. Transfer taxes vary significantly by jurisdiction — from minimal to substantial (Philadelphia's combined city/state transfer tax exceeds 4% of the sale price). If the seller asks about the transfer tax amount or questions whether it is correct, refer to the title company.
Smoke Detector / Carbon Monoxide Compliance
Some states (California notably) require sellers to certify that the property has operable smoke detectors and carbon monoxide detectors meeting current code requirements. This seller certification is typically signed but not notarized. It is a property compliance declaration, not a financial document.
The Seller Who Isn't There
Seller signings sometimes involve an absent seller signing via power of attorney. See our POA signing guide for the complete procedure. For seller packages specifically: the POA must explicitly authorize the sale of real property, the grant deed must be signed in the attorney-in-fact format ("Jane Smith, by John Smith as Attorney-in-Fact"), and the notarial certificate must reflect the representative capacity.
Combining Buyer and Seller at the Same Table
When both buyer and seller are present at the same appointment, maintain strict physical separation between the two packages throughout. Keep the seller's documents in one folder and the buyer's in another. Process each set completely before switching to the other. Confirm with the title company in advance whether there are two separate return packages or one combined return — the answer affects how you organize the shipment.
The combined appointment adds complexity and time but is generally efficient when both parties are cooperative. Budget 150 minutes minimum for a combined buyer/seller purchase closing with a full buyer package and a complete seller package.
Frequently Asked Questions
Yes. The grant deed (or warranty deed) is the primary document in a seller's closing package and always requires notarization — it must be recorded in the county recorder's office, and recording requires notarization to authenticate the seller's signature. This is typically an acknowledgment notarization: the seller acknowledges they voluntarily signed the deed to convey the property.
A grant deed (common in California and some Western states) transfers ownership with an implied warranty that the grantor hasn't previously conveyed the property. A warranty deed (common in most other states) transfers ownership with an explicit guarantee of clear title against all prior claims. Both accomplish the same fundamental goal — transferring ownership from seller to buyer — and both are notarized acknowledgments. The specific type used is determined by state law and local custom.
No. The right of rescission under 15 U.S.C. §1635 applies to refinances and home equity loans on a primary residence — not to sale transactions. A seller transferring property to a buyer in a purchase transaction has no right of rescission. The rescission notice only appears in packages where the borrower is refinancing or taking out a home equity loan on their primary residence.