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Spousal Forgery ~ Where do you draw the line?

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Real Estate Agent with EXIT Realty Advantage Pagosa, Pagosa Springs, Colorado

Having been married in a previous life, there had been occasions when signatures and/or initials had been required by both spouses. I was married for 11 years and I remember times that when I was at work, my ex would sign or initial items for both of us. Yes, I had consented. Looking back, i'm not proud of that fact.

After reading Mike Coopers post: When a dishonest broker is promoted, he becomes . . .

I got to thinking...

When getting a Listing Contract or presenting an offer on a piece of property, how often does this actually happen? Especially when the Client is in another location?

I have seen other Agents' clients sign/initial for their better half. (At a previous Brokerage, Long Story).

I wouldn't be comfortable with this in this line of work, or any other for that matter...

I have had this happen, a couple of years ago, in front of me, once. ONCE! I told my client, that I could not ethically or morally stand by and watch them endorse their counterpart's supposed signatures/initials.

I destroyed that document and told them, I would need both parties signatures and initials. After reprinting the original document, the first spouse signed and initialed where required. The other spouse was at work and the document was taken away for the endorsements. When the first spouse returned, the document(s) were compliant.

Or were they?

Having seen the first spouse initial a page in place of their better half, I noticed that all of the pages had very similar initials.

Was it that this spouse in front of me was REALLY good at signing their partners name and initials? Or was it truly the other's signatures and initials. Being that this document was out of my eyesight, I could only speculate.

Does this happen in long distance negotiations? I wouldn't doubt it. Probably more often than I expect it to.

With the age of electronic signatures, this has the propensity to increase. But, that is only my guess.

 

Where would you draw the line?

Comments(5)

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Schuylkill Appraisal Services
Schuylkill Appraisal Services - Pottsville, PA

Hi Jon. I had it happen once where the son took documents that needed his father's signature, and returned 30 minutes later. I seriously doubted his father signed, but could not prove it. Deal went thru okay but that bothered me.

 

May 10, 2012 12:09 AM
John McCormack, CRS
Albuquerque Homes Realty - Albuquerque, NM

I have worked with military clients and the spouse signed after having POWER OF ATTORNEY.  Anything else would not be acceptable.  Just this week I had spouses sign both being on different sides (due to work) of the country and me in the middle of them.  Docusign came in handy for this listing!  Suggested...

May 10, 2012 12:11 AM
Jon Eliason
EXIT Realty Advantage Pagosa, Pagosa Springs, Colorado - Pagosa Springs, CO

Marcy ~ Having that feeling in the pit of my stomach, doesn't sit well with me. But, like you said, without proof, who's to say? Thanks.

John ~ I've had divorcing clients that have been in different towns, thus sending documents to separate emails and it didn't even raise a flag with me. I do however, like to make sure that I have email addresses for both if both are to be signing. The possibility of things to happen, down the road, is where I am focusing.

I also get the feeling that talking about a subject, such as this, is Taboo. Thanks for stopping by.

May 10, 2012 12:33 AM
Dan Hopper
Dan Hopper - Gold Way RE - Westminster, CO
Colorado Broker / Referral Services

This can be a very disturbing area when dealing with parties in different locations. So often, we turn and look the other way, not really knowing what has transpired in obtaining the signatures.  Jon, you are right.... how to deal with the electronic signatures to ensure it WAS the right party signing. (Might be the reason a few banks refuse electronic signatures when dealing with short sales)

I gave my EX authority to sign and initial for me in the past, without incident.  I never had any regrets for her doing so, since I completely understood the documents / procedure taking place.  But I can live with that decision. 

Best approach, get a POA from the start.  If there is any doubt as to whether one or more of the parties may be out of town during the selling / buying process.... get a POA!

 

May 10, 2012 12:55 AM
Jon Eliason
EXIT Realty Advantage Pagosa, Pagosa Springs, Colorado - Pagosa Springs, CO

Dan ~ You are on the money there... Sometimes, I think way ahead of the present and try to see problems that may arise, weeks, months or even years from now. Maybe it's just me? Then again???   Thanks for commenting.

May 10, 2012 01:03 AM