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WHO MUST SIGN A DEED OF SALE ?
How can I verify if someone who presents himself as a seller is authorized to sign the deed of absolute sale?
Q. Who must sign the deed of sale of real property for the transfer of ownership to be valid?
In general, the registered owner of the real property is the individual who must sign the deed of sale. If the registered owner is an entity like a corporation, the signatory must be the corporation's duly authorized representative. This signature is essential to validate the transaction and initiate the transfer of ownership.
Q. Who is considered the registered owner in the title?
The registered owner is the person or entity explicitly listed as the owner of the real property in the certificate of title. It is critical to always check the title to see the property's registered owner.
Q. What are the implications if the registered owner or the authorized representative does not sign the deed of sale?
If the registered owner or authorized representative fails to sign the deed of sale without a valid exception, the sale becomes ineffective. Consequently, the certificate of title cannot be legally registered in the name of the buyer, leaving the transfer of ownership incomplete and unenforceable.
Q. What if the registered owner of the real property is married?
When the registered owner is married, the consent of the other spouse is mandatory and must be evidenced through their signature on the deed of sale. This requirement arises because properties acquired during the marriage are generally presumed to be conjugal, regardless of whether the title is registered solely in one spouse's name.
As a notable exemption, if it can be demonstrated that the property in question falls outside the conjugal partnership—such as those inherited through intestate succession or gifted directly to one spouse—the signature of the other spouse may not be necessary. However, for practical reasons and to minimize potential disputes with relevant government authorities, it is advisable to obtain the other spouse's signature even if the property is not part of the conjugal property.
Q. What if the property has two or more co-owners?
If the real property is co-owned by two or more individuals, it is essential that all co-owners sign the deed of sale. Failure to obtain the signatures of all co-owners may result in legal challenges and complications down the line. This flaw may also cause the invalidation of the sale.
Q. What options are available if the registered owner cannot sign the deed of sale due to physical impossibility?
In instances where the registered owner is unable to sign the deed of sale, such as being unavailable due to international travel or other reasons, they can authorize another individual to sign on their behalf. This is accomplished through the execution of a Special Power of Attorney (SPA), which must be notarized to ensure its legality.
If the registered owner is abroad, it is important to have the SPA duly Apostilled in that jurisdiction to meet legal standards upon returning to the country.
Q. Who is responsible for signing the deed of sale if the registered owner is a corporation?
In cases where the registered owner of the property is a corporation, the corporation's Board of Directors must first pass a board resolution that authorizes the property transfer. Furthermore, the board must designate a specific individual who is empowered to act on the corporation's behalf in executing the land transfer documents, including the Deed of Sale.
Q. What other safety steps should I do?
It is crucial to always ask for government IDs of the seller. It is also ideal to do some research as to the seller's identity through the internet.
If you need help in accomplishing and completing real estate documents, contact Barrister Realty. We can assist you.
(63) 954-997-3832.