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10/7/11

Can an Agent Sign for Client?

Q - I have my home listed for sale but I will be out of town for a couple of weeks.  If an offer is made while I'm away, can my agent make changes and sign a contract on my behalf after consulting with me by phone?

A - Yes your agent can sign on your behalf  if you have provided written authorization to your agent.  Prior to going out of town, prepare a short note indicating that your agent (provide agent's name and name of brokerage) is authorized to sign on your behalf in the sale of your home (provide address) after consultation with you.  Also specify the dates during which this authorization will be valid (normally the dates that you will be out of town).

Should an offer take place that is ultimately acceptable, the agent normally provides a copy of the written authorization to the buyer's agent to validate that the seller's agent had the authority to sign the contract. The agent should sign his own name (not yours) but print that he is acting as agent for you.

It is good practice for an agent to have the contract ratified upon return of the client, i.e. have the client also sign the contract.


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