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Signing Authority and Proof of Ownership Documents

Kirsten Uy
  • Updated

Every listing order that we receive, as a company, we do our best to verify that the appropriate people are signing our listing agreement. The current owners should be the ones signing the listing agreement and if the owner is an entity, we need to verify who is authorized to sign on behalf of the company. 

When the owner of the property is an entity, the ownership information is not updated yet, or if for whatever reason the tax records do not have ownership information, documentation that shows who is authorized to sign on behalf of the entity or who owns the property will be required. 

Depending the tax records and on the type of entity the owner's of the property are, we usually look request a certain type of document that helps us verify who is authorized to sign:

Signing on behalf of a Trust / Corporation / LLC or have Power of Attorney

  • Trust:
    • Certificate of Trust (or Abstract of Trust) showing who the trustees are
  • Incorporation:
    • Articles of Incorporation / Corporate or Board Resolution - specifically authorizing the officer (President, CEO, etc.) to sign and list the property for sale
  • LLC:
    • A copy of the Operating Agreement showing who the members, if there is a manager appointed and only the manager needs to sign, it is best to point this out 

Tax record not yet showing the new owner (or new name)

  • Recently purchased properties (has not updated in the property records yet):
    • A copy of the Grant or Warranty Deed
    • If it was extremely recent, please also provide the closing statement with all required signatures present
  •  If name on deed or public record doesn’t match current name (on LA )
    • divorce decree, marriage certificate or any other legal name change document
  • Deceased Estate
    • Death certificate, letters of administrations or the appropriate probate documents

No tax records for your property at all

  • Manufactured Homes:
    • The Certificate of Title (similar to a vehicle title) for the structure
    • The most recent Paid Property Tax Bill (to verify property address and owner name)
  • Co-op: 
    • The fully executed Stock Certificate (proof of ownership in the co-op corporation)

Why We Require This Documentation

As we are also liable when listing a property, so we do what we can to ensure that the people who are actually authorized to sell the property are the ones selling the property. We are also held responsible for misrepresentation, fraudulence or other similar instances. 

We Are Not Able To Accept

  • equitable interest
  • assignment
  • right to market
  • wholesale listings
  • signing on behalf of someone else 

We require that the official owners of the property need to be the ones to sign the listing agreement with a few exceptions. 

You can do one of the following:

  1. Have the owners sign our listing agreement, or
  2. Take actual ownership of the property in tax records.

 

 

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