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Portland Area Real Estate Blog - "Did I say that already?"

Information and random comments from real estate agents around the world. Sometimes helpful. Sometimes funny. Sometimes both or neither!

Who can sign on behalf of a client?

By: Phil Anderson
Tuesday, May 01, 2007 4:38 PM

Last month I was the Buyer's rep and I submitted an inspection repair addendum to the Listing Agent.  She faxed it back to me in a few days.  It was signed by the Listing Agent and said, "Verbally approved by the Seller".

She had no written authorization (power of attorney, etc.).

I told her I needed her client's signature on the addendum and we argued for a while.  She (a principal broker) said she did addendums this way all the time and that she was acting as the agent of her client.

I would not accept it and she eventually got the Seller to sign, but not without some VERY loud phone conversations (both sides).

Whatcha think about that?  Ever had that happen to you?

Phil

www.newportlandhome.com

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Comments

Namneet Dhaliwal
Member Since '05

Namneet Dhaliwal said:

Yes Phil, I see agents doing it all the time, but it  is not legal, that document will not stand in the court. I am surprised that it is coming from a broker. I have closed the transactions for my clients, and signed for them but only after having an official power of attorney to complete the transaction.

http://www.namneet.com

May 1, 2007 6:11 PM
Gena Plante
Member Since '07

Gena Plante said:

Why in the world would you ever sign a legal document on behalf of someone else, without the exception of a Power of Attorney.       You are put yourself at risk for so much liability.  I would have done exactly what you did Phil, I would never take a signature from an agent with a seller/buyer verbal authorization.  With so much technology, she could have scanned the document and emailed to the client or fax it to them for their signature.   I call it laziness and legally wrong.  

May 1, 2007 6:54 PM
Kandace Fredrick
Member Since '04

Kandace Fredrick said:

I am with you Phil, I would have ensured that I had the seller's signature, not the agent.  Can't believe she thinks this is common practice.  She must save herself alot of driving, faxing, etc, but could bring herself a lawsuit at some point.  Good for you for standing your ground and covering your buyers cleints and your "assets".

May 1, 2007 7:00 PM
Mary Welch
Member Since '04

Mary Welch said:

Never never would I sign for either party. Gads, what's wrong with people. Yes, my life would be alot easier if I didn't have to color inside the lines too, sometimes we have to educate other agents as we go.

May 1, 2007 7:08 PM
MaryAnn Morrar
Member Since '04

MaryAnn Morrar said:

Seller's signature a must, I would not accepted something signed by the agent,  You did a great job for your clients I hope they know that!

May 1, 2007 7:25 PM
Ken Nagel
Member Since '07

Ken Nagel said:

I once had a buyers agent initial contract changes right in front of me. I said I would not accept the contracts and proceeded to tear them up. I then got a call from her broker the next day asking why I did what I did. I told him that I would not be a party to illegal activity and asked if he felt her actions where acceptable. She came back that evening with new contracts fully executed by her buyer/client.

May 2, 2007 4:27 AM

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Phil Anderson
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Phil Anderson
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