In the world of real estate, an agreement of sale is a crucial document that sets down the terms and conditions of a property sale. It`s a legal contract that outlines the rights and responsibilities of both the buyer and seller, and it becomes enforceable only when signed by certain parties.
So, who has to sign an agreement of sale for it to become enforceable? The answer depends on the laws of the state where the property is located and the terms of the agreement itself. Typically, however, the following parties must sign the agreement:
1. The buyer: The buyer is the person or entity purchasing the property. They must sign the agreement to indicate their willingness to abide by its terms and conditions.
2. The seller: The seller is the person or entity selling the property. They must sign the agreement to indicate that they agree to sell the property on the terms outlined in the document.
3. A witness: In some states, an agreement of sale must be witnessed by a third party. This person is not typically named in the agreement itself but is present at the signing to attest to the validity of the signatures.
4. A notary public: In some states, an agreement of sale must also be notarized. This means that the buyer, seller, and witness must sign the document in front of a notary public, who then affixes their seal to the document to certify its authenticity.
Once all necessary parties have signed the agreement of sale, it becomes enforceable. This means that if either the buyer or seller fails to fulfill their obligations under the agreement, the other party can take legal action to enforce the terms of the contract.
It`s important to note that an agreement of sale is a legally binding document, and both parties should carefully review its contents before signing. If either party has any questions or concerns about the document, they should seek legal advice before signing.
In conclusion, an agreement of sale becomes enforceable when it is signed by the buyer, seller, and any necessary witnesses or notaries. By signing this important document, both parties are committing to carrying out the terms and conditions of the sale and protecting their legal rights throughout the transaction.