The Pre-Listing Checklist: Documents Your Attorney Will Need
In New York, an accepted offer binds nobody. The deal becomes real only when contracts are signed — and the days in between are when buyers get cold feet, find another apartment, or get outbid elsewhere and come back with a lower number. Every day you shave off that window protects your sale.
The single biggest cause of delay: waiting on documents the managing agent takes three weeks to produce. Gather them before you list.
Every seller
Your original closing statement from when you bought — needed for basis and, with the mansion tax line, for your CPA
Current mortgage payoff information — lender, loan number, approximate balance
Deed (condo/house) or stock certificate and proprietary lease (co-op) — locate the originals now. Lost co-op stock certificates require an affidavit and an indemnity bond, which takes time and money to arrange.
Renovation records and permits — invoices, alteration agreements, board approvals, DOB sign-offs
Recent tax bills and any assessment notices
A photo ID and, if you'll be abroad at closing, a plan for a properly executed power of attorney
Your attorney, retained — before listing, not after an offer
Co-op sellers
Request from the managing agent (some charge fees and take weeks):
Audited financial statements — 2–3 years
Board meeting minutes — 1–2 years
Proprietary lease and house rules
Offering plan and amendments
Current maintenance figure, assessment status, and the building's purchase application package
The exact flip tax formula — percentage, per-share, or profit-based
Written confirmation you have no arrears
Alteration agreements and sign-offs for any work done in your unit
The board's meeting schedule (so you can set realistic closing expectations)
Condo sellers
Offering plan, declaration, by-laws, house rules
Financial statements (2–3 years) and minutes
Current common charges and property tax figures; abatement status and expiration
Right of first refusal waiver procedure and any application/fees
Any assessment currently in effect
Certificate of Occupancy issues, if any
Townhouse and small multifamily sellers
Certificate of Occupancy and legal unit count
Open DOB, HPD, ECB violations and permits — start closing these now; they take months
Survey and title documents from your purchase
Existing leases, rent rolls, and security deposit records
Rent regulation status documentation for any regulated units (DHCR registrations)
Landmark status and any LPC approvals
Service contracts, boiler and elevator inspection records, oil tank records
Recent utility bills — buyers will ask
Financial preparation (do this with your CPA)
Compute your adjusted basis: purchase price + purchase closing costs + mansion tax paid + capital improvements
Confirm §121 eligibility (2 of last 5 years as primary residence) for the $250K/$500K exclusion
If you're not a NY resident, plan for IT-2663 withholding; if you're a foreign person, plan for FIRPTA and consider filing Form 8288-B early
Build a net sheet: sale price − commission − NYC transfer tax (1%/1.425%) − NYS transfer tax (0.4%/0.65% at $3M+) − flip tax − attorney and fees − mortgage payoff
Presentation preparation
Professional photography and a floor plan (non-negotiable in NYC)
Accurate square footage if you have a source you can stand behind
Declutter, paint, deep clean — see our budget staging post
Decide your showing rules consistent with house rules; if tenant-occupied, secure the tenant's cooperation and give proper notice
The payoff
A seller who can deliver building financials, minutes, the proprietary lease, and house rules to the buyer's attorney within 24 hours of an accepted offer routinely gets to contract in under a week. A seller who starts requesting them then can wait three weeks — which in New York is plenty of time to lose the buyer entirely.
This article is for general informational purposes only and does not constitute legal, tax, or financial advice. Requirements vary by building and property type. Consult your attorney and CPA. As of August 2026.
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