Contract Titling and Signing

For Transaction Coordinators, and for acquisitions team members who prepare contracts. After this page you will be able to name every type of seller and buyer correctly on a contract, show each signer exactly how to sign, run a clean e-signature workflow, and prepare parties for notarized signing.

Track: Transaction Coordination · Role: Transaction Coordinator · Time to complete: 30 min

Why this matters

Title will only insure a sale if the right people sign in the right capacity. A contract that names the wrong seller, or a signature that does not show the signer's authority, creates delays at best and an unenforceable contract at worst. Most of these problems are created in the first hour of the deal and discovered on closing day. You catch them on Day 0.

Two terms:

Titling is how a party is named in the contract (the "by and between" section and the party lines).
Signing is how that party signs: the name written on the signature line and the capacity (for example, Trustee or Executor).

The golden rules

The seller is whoever owns the property on the public record. Not the person you talk to, not the person who lives there, not the person who pays the bills.
Names are written exactly as on the deed, including middle names or initials, suffixes (Jr., Sr., III) and entity endings (LLC, Inc., Trust).
Everyone on title signs, unless title confirms in writing that someone else has authority to sign for them.
Anyone signing for someone else shows their capacity in the signature line.
When in doubt, ask title before the contract is signed, not after.

Titling and signing by party type

Each example shows the contract wording, then the signature block.

1. Individual seller

Titling

Seller: (SELLER FULL LEGAL NAME)

"This agreement is made by and between (SELLER FULL LEGAL NAME) (Seller) and (BUYER ENTITY NAME), and/or assigns (Buyer)."

Signing

The seller signs in their own name, exactly as titled.

Signature line: (SELLER FULL LEGAL NAME)

Check: The name on their ID and the deed match the contract. If the deed uses a former name, title will usually need a name affidavit.

2. Married couple, or any two or more co-owners

Titling

Seller: (SELLER 1 FULL LEGAL NAME) and (SELLER 2 FULL LEGAL NAME)

"This agreement is made by and between (SELLER 1 FULL LEGAL NAME) and (SELLER 2 FULL LEGAL NAME) (Seller) and (BUYER ENTITY NAME), and/or assigns (Buyer)."

Signing

Each owner signs separately on their own line. One spouse never signs for the other, even with verbal permission.

Signature lines:

(SELLER 1 FULL LEGAL NAME)

(SELLER 2 FULL LEGAL NAME)

Check: Include every owner of record, even if one is less involved, lives elsewhere or "does not care." In some states, a spouse who is not on title must still sign the deed because the property is their homestead. Ask title on Day 0 if the seller is married and only one spouse is on title.

3. Seller using a Power of Attorney (POA)

A POA is a document in which the owner (the principal) gives another person (the agent, also called the attorney in fact) the power to act for them.

Titling

The seller is still the owner. The agent's name appears only in the signature block.

Seller: (OWNER FULL LEGAL NAME)

"This agreement is made by and between (OWNER FULL LEGAL NAME) (Seller) and (BUYER ENTITY NAME), and/or assigns (Buyer)."

Signing

Signature line: (OWNER FULL LEGAL NAME), by (AGENT FULL LEGAL NAME), as Attorney in Fact

Check:

Send the POA to title on Day 0. Title must approve it before anyone relies on it.
Title often needs the original or a recorded copy, and confirmation that the owner is still living. A POA ends when the owner dies.
Some POAs are limited and do not cover selling real estate.

4. Business entity (LLC or corporation) as seller or buyer

Titling

The entity is the party, never the person who owns it.

Seller: (ENTITY NAME), LLC

"This agreement is made by and between (ENTITY NAME), LLC (Seller) and (BUYER ENTITY NAME), and/or assigns (Buyer)."

Signing

The person signs for the entity and shows their role. The role comes from the entity's formation documents and operating agreement (for example Member, Managing Member, Manager, President or Authorized Signer).

Signature line: (ENTITY NAME), LLC, by (SIGNER FULL LEGAL NAME), (SIGNER TITLE)

Check:

Ask: "Who is authorized to sign for the company, and does anyone else need to sign?" Some entities require two signers.
Title will usually ask for the articles of organization, the operating agreement (or bylaws), a certificate of good standing and sometimes a resolution authorizing the sale or purchase.
The entity must be active with the state. A dissolved entity is a title issue.

5. Estate (owner has died)

Titling

The estate is the seller.

Seller: The Estate of (DECEASED OWNER FULL LEGAL NAME)

"This agreement is made by and between The Estate of (DECEASED OWNER FULL LEGAL NAME) (Seller) and (BUYER ENTITY NAME), and/or assigns (Buyer)."

Signing

The person appointed by the court signs with their title. Use the exact title from the court document, called letters testamentary or letters of administration. Common titles are Executor or Executrix (named in a will), Administrator or Administratrix (appointed when there is no will), or Personal Representative (used in many states).

Signature line: (REPRESENTATIVE FULL LEGAL NAME), (COURT TITLE) of The Estate of (DECEASED OWNER FULL LEGAL NAME)

Check:

There is only one appointed representative (or co-representatives named together), but there may be several heirs. Title decides whether heirs must also sign or consent. Ask on Day 0.
If no one has been appointed by a court yet, no one can sign for the estate. See page 05 (probate).
Court approval of the sale may be needed in some states or cases.

6. Trust

Titling

The trust is the seller, using its exact name.

Seller: (TRUST FULL NAME)

"This agreement is made by and between (TRUST FULL NAME) (Seller) and (BUYER ENTITY NAME), and/or assigns (Buyer)."

Some deeds name the trustees instead, for example "(TRUSTEE NAME), Trustee of (TRUST FULL NAME)." Title the contract the way the deed reads.

Signing

Signature line: (TRUSTEE FULL LEGAL NAME), Trustee of (TRUST FULL NAME)

Check:

Trusts are usually revocable (the creator can still change it) or irrevocable (it cannot easily be changed). Both can sell, but the trust document decides who may sign.
Get every trustee to sign unless title confirms one trustee alone has authority.
Title will usually ask for a certification of trust or the relevant pages of the trust.
If the original trustee has died, a successor trustee signs, and title will want proof (death certificate and the trust page naming the successor).

7. The buyer entity and "and/or assigns"

On wholesale contracts the buyer is usually the client's entity with the words "and/or assigns." That language tells everyone the buyer may assign the contract.

Buyer: (BUYER ENTITY NAME), and/or assigns

Signature line: (BUYER ENTITY NAME), by (SIGNER FULL LEGAL NAME), (SIGNER TITLE)

Check: Some states and some title companies require clear written disclosure to the seller that the contract may be assigned and that the buyer intends to profit. Make sure the client's required disclosures are signed. "And/or assigns" alone may not be enough.

8. Assignment of contract

Titling

Assignor: (ASSIGNOR ENTITY NAME) (the client's entity that signed with the seller)

Assignee: (ASSIGNEE FULL LEGAL NAME OR ENTITY) (the end buyer)

The assignment refers to the original contract by date, property address and parties.

Signing

Assignor: (ASSIGNOR ENTITY NAME), by (SIGNER FULL LEGAL NAME), (SIGNER TITLE)

Assignee: (ASSIGNEE ENTITY NAME), by (SIGNER FULL LEGAL NAME), (SIGNER TITLE)

Check: The assignee name is exactly the name the end buyer wants on the deed. Changing it later means a new assignment.

9. Special cases to escalate before signing

An owner is a minor or lacks capacity. A court appointed guardian or conservator usually signs, often with court approval.
An owner is in prison, the military or overseas. Mail away signing or a POA may work; ask title early.
The person who wants to sell is not on title (for example, a relative living in the house). They cannot sign as seller. Escalate.
Owners disagree. Never take sides. Escalate to the client.

Never change a name, add a party or fix a typo on a document after anyone has signed it. Corrections are made with an addendum or a new document signed by every party.

E-signature workflow

Most contracts, addenda and assignments are signed through the client's e-signature tool. Deeds and some closing documents still need wet ink and a notary.

Before you send

Use the client's approved template. Never edit legal wording yourself.
Party names and capacities follow the rules above.
Property address, price, dates and amounts match the deal.
Every signer has a signature field, a date field and an initial field on every page that needs initials.
Signing order is set: usually the seller first, then the client's signer. For an assignment, usually the assignee first, then the assignor.
Each signer's email and phone are correct. Two signers never share one email.
The message to signers is short and friendly, and says who to call with questions.

After you send

Confirm by phone that the seller received the email and knows what it is.
Offer to stay on the phone while they sign if they are unsure, without telling them what to decide.
Watch the status. If a signer has not opened it in 24 hours, follow up.
When completed, download the final signed copy and the completion certificate (the audit record showing who signed and when).
Check every signature, initial and date before you send the document to title.
Name and upload the file per page 11.

Many sellers have never e-signed anything. Tell them before it arrives: "You will get an email from (COMPANY NAME) about your property. Click the button to review the document, follow the prompts, and call me if anything looks confusing." Ten seconds of preparation saves a day of chasing.

Notarization basics

A notary public is an official who checks the identity of a signer, watches them sign and stamps the document. Deeds and many closing documents must be notarized to be recorded.

Topic	What to know
Identification	Signers need a current, government issued photo ID. The name on the ID should match the document. Tell sellers the day before.
In office closing	The signer goes to the title office at a scheduled time.
Mobile notary	A notary travels to the signer, often at home. Common for sellers. Title usually arranges it; you confirm the time and address.
Mail away	Title ships documents to a distant signer, who signs before a local notary and ships them back. Allow 3 to 5 business days.
Remote online notarization	The signer and notary meet by video. Allowed in many states, but not every title company or county accepts it. Ask title.
Witnesses	Some states require one or two witnesses on deeds in addition to the notary (Florida, Georgia and South Carolina are examples). Title will tell you.
What a notary does not do	A notary does not explain the documents or give advice. Questions about the documents go to the closer.

Signing day prep for sellers

Date, time and place (or notary arrival time) confirmed
Every person who must sign will be present with ID
Seller knows roughly how long it takes (often 30 to 60 minutes)
Seller knows how they will receive their money and has given title their details through title's secure method
Seller has your number and the closer's number

Common signing mistakes

Mistake	Why it is a problem	Prevention
Only one spouse signs	The other owner's interest is not conveyed	List every owner of record on Day 0
Signing for an entity without a title	Unclear authority	Use the entity signature block every time
POA agent signs only their own name	Looks like the agent is the seller	Use "owner, by agent, as Attorney in Fact"
Estate signed by an heir who was not appointed	No authority	Get the court letters before the contract
Missing initials on changed terms	The change may not be binding	Check every page of the completed document
Dates missing or wrong	Deadlines cannot be calculated	Date fields for every signer
Different spellings across documents	Title issue at closing	Copy names from the deed, not from notes
Signing before a cancellation window ends	May violate state wholesaling rules	No deed or closing document signing until the window ends

Check yourself

Write the signature line for a trust seller with one trustee, using placeholders.
A daughter calls and says she is selling her late mother's house. No probate is open. Who can sign the contract today?
What two items do you download after an e-signature envelope is completed?
Which three states are examples that require witnesses on deeds?
A seller's ID shows a married name, but the deed shows her maiden name. What will title usually need?