Is it legal for a realtor to "hand write" important information on a lease to purchase agreement?
I'm interested in a condo and I want to choose the "lease with option to buy" and I am concerned about whether it will be a trick and at the end of my lease, I will be obligated to buy the home. I asked the realtor to show me the document and she showed me a lease agreement where she writes in "black ink"....'The leasee is not obligated to purchase this condo." and then she signs it. My question is....Is that legal??? Is that a red flag? If it is okay...should I ask for her to get her signature notarized? Help!!! Thanks.
Public Comments
- This hand writing legal. Her signature is not important. Your signature is important.
- That's a red flag. In a typical lease option, you would pay an additional amount of money that the owner would hold as your promise to purchase. If you change your mind, it is nonrefundable. The document only makes sense if both the owner and the leasee are in complete agreement. The Realtor is just a paper pusher, unless she is the Owner.
- Anytime there is an addition or correction to a legal document it should be initialed by each party to the contract. i.e. each page and each time on a page. Then the document is signed and binding and any additions or corrections added after that time must be initialed by all parties to the contract to be binding. It never hurts to get a document notarized.
- With the easy availability of lease-option contracts, I'm not sure why she isn't using one rather than a lease agreement. It's not illegal to handwrite additions or corrections to a contract/agreement as long as both parties, you and the property owner/manager, initial all the changes. Unless she's the owner/manager of this property, her signature as Realtor is irrelevant.
- It is legitimate, she signed it. It's saying that she can not make you obligated to purchase the condo. Do you agree that you are NOT obligated to purchase the condo? If you don't, don't sign it and continue to rent month to month. Your signature is that you agree with the entire agreement including the amended line. A notary public will not notarized the document because it has already been signed. Furthermore, for leasing and option to buy agreement, notarizing is not necessary. Be sure to get a copy of the purchase agreement.
- OK...here is your problem. 1. If you don't trust your Realtor...get another one. 2. You have the right to have an attorney THAT YOU HIRE look over any document before you sign it. With that said, you can hand-write certain provisions in a lease to purchase, however, it is limited. What she put in was a legal disclosure and that is practicing law without a license. Notorizing is NOT required on ANY lease or purchase contract. Why is a notorization so important to you? Do you even know what a notary does? Clearly not!!! It doesn't make the document legal..all a notary does is certify the identity of the person signing the document . A notary public is anyone who has completed the one-day course and got the certifcation of the seal. The vast majority of them have ZERO legal training and cannot legally give you any advice on any document you are signing. GET AN ATTORNEY to review if you are that paranoid. PS: Realtors that think they can write anything additional in a lease/purchase contract are putting their license at risk.. You are ONLY permitted to fill in the blanks of the contracts..anything more requires an attorney. Licensed Realtors can ONLY use contracts pre-approved by the bar association of your state or written by an attorney...you CANNOT write your own addendums. Yes, I know you "do it all the time", but if your contract ends up in court...that provision is V-O-I-D and you can be sued by your client as well as be found guilty of a misdemeanor for practicing law without a license.
- It is not unheard of for items on a lease agreement to be hand written although if you have concerns I would request a typed addendum. If you do intend on purchasing this property at the end of the term you should determine if you would actually qualify for the loan you can get advise, read articles and get pre-qualified at this website: www.online--mortgage--quotes.com
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