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Does a contract for deed for residential property in Texas have to be notarized by both parties if signing separately?

Dallas, TX |

The buyer emailed seller a contract of deed without the buyers signature, date or notarized. Sellers signed, dated and was notorized and those documents mailed back to the buyer. Buyer never sent via email or mail a copy of the contract back to the seller with the buyers signature, date or notarizing. When questioned, buyer presented contract with his signature, date that was written in is dated earlier than the original contract was emailed, and the buyers signature was not notarized. is the contract automatically voided because the validity of the buyers signature was not notarized even if it has been over 3 years since sellers signed and notary is presence.

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Attorney answers 3

Posted

No.

Legal disclaimer: John Bonica is licensed to practice law only in Texas. His response is not legal advice and does not create an attorney/client relationship. The response is only intended to provide general information. The question may not include significant and important facts that would change the response. You should confer with a local attorney for competent legal advice.

Asker

Posted

Which party's (seller or buyer/purchaser) contract would be considered the primary since the seller never received after 3 years a signed copy of that contract for Deed? Especially when the contract originated from the Purchaser (who is a real estate agent)?

John R. Bonica

John R. Bonica

Posted

I was focusing only on the lack of notarization. As Robert Neil Newton notes below, there is another issue whether the buyer's initial e-mail (which was not signed) was a offer that was sufficient to give the Seller a power of acceptance that was timely exercised by the Buyer. Since we are talking about real property, there is yet another issue whether the contract is enforceable under the Statute of Frauds. Under the Statute of Frauds, a promise or agreement in a contract for the sale of real estate is not enforceable unless the promise or agreement, or a memorandum of it, is in writing and signed by the person to be charged with the promise or agreement or by someone lawfully authorized to sign for him. See Tex.Bus. & Com.Code Ann. § 26.01. There is an equitable exception to the statute of frauds under which even an oral contract for the conveyance of real estate can be enforced where there has been partial performance of the contract and such facts are present as would make the transaction a fraud on the a party if not enforced. In order to address these complicated issues a lawyer would have to review the contract and know all the surrounding facts. My response addressed only the narrow question relative to the lack of notarization.

Posted

Unless the contract states otherwise, you can sign separate copies. Contracts, generally, are not required to be notarized to be enforceable.

If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

Asker

Posted

Which party's (seller or buyer/purchaser) contract would be considered the primary since the seller never received after 3 years a signed copy of that contract for Deed? Especially when the contract originated from the Purchaser (who is a real estate agent)?

Michael T Millar

Michael T Millar

Posted

If they are both the same, and they would have to be to have a final agreement, then there is no "primary" one. Rather, the separately signed agreements would be taken together to be the agreement.

Posted

No. However, the Buyer should have delivered a copy of the fully-executed (or buyer executed) contract.

The above statements are provided as general information and not intended as legal advice. Each matter has its own set of unique circumstances that cannot be adequately addressed without consultation. You are strongly advised to hire an attorney licensed to practice law in your state to represent you.

Asker

Posted

it was a buyer(who is a real estate agent/broker) from which the contract originated. When i received it, without any of the buyers signatures or dates, i (the seller) was asked to sign, date and have notarized and mail them back to him so he (the buyer can sign, ect) and would mail me a copy with his signatures for my records. This is that part that never took place. And now because of the two different contracts i have signed with this buyer (realtor), when questioned or confronted after 3 years, the buyer had his attorney present to my attorney of the contract for deed with his signature. If the buyer(realtor/broker) did not send me the seller a copy of the complete signed document, is it still valid?

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