I am creating a memorandum of a sales contract to purchase Real Estate. I plan to record it with the county.
I am the buyer (as well as the affiant). Is it necessary, or advisable, to have the seller sign it?
You need to discuss this with the lawyer representing you in this transaction.
1. Why do you feel the need to do this?
2. Better be sure your contract does not forbid this, it could amount to a material breach.
3. Don't have a lawyer in this transaction? Consult with one before you do this.
I may be guessing or not licensed in your state. No atty/client relationship exists. I earn my living collecting points for "helpful" answers.
I agree with my colleague - you should consult with an attorney before doing this.
In a residential transaction, it is not typically done. In a commercial transaction, it may be prohibited by the contract.
More typically you would have your attorney or title company file a "Notice of Settlement", which puts the world on notice that you are the buyer in a pending transaction. The Seller does not need to sign a Notice of Settlement and an agent may sign it on behalf of the Buyer.
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.
Please retain a real estate attorney. First, the Memorandum must be signed by the seller, secondly, you really need a full agreement of sale, finally, the Agreement/Memo would usually not be recorded.
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