Signatures of the Principals are the critical data elements to obtain when selling real property in CA. Listing and purchase contracts must be in writing and signed by legal and competent buyers and sellers.
Without signatures, nothing happens. (Without comprehension and truth behind those signatures, the faulty signer, Principal and Agent can carry risk ad infinitum, almost.)
- Sellers and Agents sign a listing agreement.
- Buyers and Agents sign a rep agreement.
- Buyers and Agents sign an offer.
- Sellers and Agents sign an offer.
- Buyers sign a deposit check.
- Title rep signs an insurance commitment.
- Principals and Agents sign disclosures.
- Buyers sign to make their commitment.
- Principals sign closing docs.
- County clerk signs conveyance.
Voilá. C’est fin.
Signatures are easy. A good agent knows when, why, and how fast to get them from all principals. All agents know they’re important but not why and when they’re necessary or dumb.
Yes, sometimes signing should not be done.
E.G., Getting a seller to sign a repair request may be unwise. Getting a seller to sign an incomplete or unenforceable offer is certainly not wise. Getting your buyer to sign an incomplete or vague seller disclosure is not wise. Failing to protect your seller from a non respondent buyer is negligent (and SHOULD cost you your licence). Some signed and delivered forms are strategic gold mines. Some forms should never become part of the contract and can doom a sale.
Does your agent know those forms and the consequences of each?
My client must get their ducks in a row before we start. I have to manage and protect those ducks once we start.
If you’re an agent and confused, maybe you shouldn’t be an agent with a fiduciary duty to a client.
There are unmapped sh and veins of gold in this process. Hire an agent who plays fair and in your favor.