When using a Real Estate Institute 8th Edition Sale and Purchase Agreement can somebody sign on behalf of the named purchaser if they are not named as nominee or additional purchaser.
Only use Christhelawyer
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This depends on the status of the person who signs. they could definitely do so if they have a power of attorney or even a signed agency agreement. Beyond that, it gets more difficult. Someone could have authority to sign, but the contract may be binding on the signatory and in some cases, not the person they sign on behalf of. It really depends on the circumstances.
There are no stated circumstances. How do I get the circumstances that are involved?
Should the Real Estate agency have openly declared the situation?
Should the purchaser been forthright and transparent and declared the intention?
For the agreement to be binding there would need to be some evidence of the authority of the person signing. I would have thought the real estate agent would know who was signing and on what basis. The sale would be to the named purchaser however.
When will I be shown the evidence of the authority of the person signing?
You are entitled to know that, yes
You need to know before you can formally say if the agreement is binding
Is the Real Estate agent obligated to show me?
Your lawyer should be making those enquiries for you, but the real estate agent should show you the authority
I contacted the purchaser's lawyer for the evidence myself and he shut the door on me.
I will contact the Real Estate Agent first, as with respect, these matters that should have happened all start to add up when I try to fix up procedural anomilies.
Are you the vendor?
Do you know who the purchaser is?
Yes I am the vendor
There are now 2 purported purchasers
You are entitled to know if the person who has signed has the authority to sign-that is pretty basic, and the agent should know that
LLB MMgt FAMINZ 32 years qualified as lawyer
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