Can a wife legally sign for her husband on a real estate sales contract?

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Can a wife legally sign for her husband on a real estate sales contract?

When selling our home our agent allowed me, the wife, to initial and sign the sales contract for my husband since he was out of state at the time. Is this contract legally binding?

Asked on February 9, 2012 under Real Estate Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, it is not unless you had a validly executed Power of Attorney for your husband. The power of attorney gives you the right to sign on his behalf and the only way legally that you can.  Just being his wife does not give you the right to sign.  I would contact an attorney as soon as you can.  I hate to say this but the real estate agent has no idea what he or she is talking about.  Good luck.


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