In this video Deirdre P Brown answers a listing agent's question. Who signs the listing agreement and sales contract if the husband is the only one on the loan but the wife will be on title?
Hello this is Deirdre Brown your settlement agent serving Maryland, DC and Virginia. Today I want to answer a question that was presented to me on my website close with dee dot com.
An agent said that she represents the buyer and it's a husband and wife. The husband is the only one going on the loan and not the wife. The wife is going on title. The agent wanted to know two things. One, does the wife need to sign the sales contract and two does the wife need to show up for settlement. The answer to both is yes. The wife will be on title and therefore is a party to the contract so she needs to sign the sales contract and all the addendum. She will need to come to settlement because there will be a few pieces of paper. She will need to sign the deed of trust and the closing disclosure statement possibly and a couple of other documents. If for some reason the wife cannot attend settlement the husband can sign via a power attorney on her behalf. However you will need lender approval. The power attorney will need to be approved by the title company especially in DC and Maryland because both of their power of attorneys for real estate transactions require special language so you need to reach out to your title company and your lender very early on in the process if you think this is the situation you're facing.
If you have more questions you can reach out to me at closewithdee.com