You must make certain that the signatures on a real estate agreement or memorandum of agreement are properly witnessed because documents that are not properly witnessed are not in what is known as a recordable form. This means that the document cannot be recorded in the official public records. Each state has its own requirement as to the number of witnesses that are needed to attest the signatures on documents affecting real property. For example, in Florida, two witnesses are required to attest the signatures on real property transaction and title transfer documents.
In addition to having the signatures on all your real estate agreements properly witnessed, you must have the signatures on all your real estate agreements notarized by a state licensed notary public. Real estate agreements with signatures that are not properly acknowledged by a licensed notary public cannot be recorded in the official public records. And unrecorded documents have no effect on the title to real property.
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