January 28th, 2019 at 10:29 am
Answer: No, just revise it. As I mentioned in last week’s legal tip, the proper way for a trustee to sign on behalf of a trust is to sign his or her name followed by the words “as trustee of” and then the full name of the trust. This is required every time the trustee signs a document. Alternatively, to use the abbreviated signature of just “Martin King, trustee,” you should check the “Representative Capacity” box above the signature line in the listing agreement, and attach the RCSD-S. It is the language in the “Representative Capacity” box that provides that the abbreviated signature of just “Martin King, trustee” shall be deemed to be Mr. Martin’s signature in his representative capacity as trustee of his trust.
You may revise the listing agreement by using C.A.R.’s standard-form Modification of Terms (MT), and attaching a completed RCSD-S. In the MT form, you may state as follows: “Representative Capacity box above Seller’s signature on page 5 of the Agreement is deemed to be checked. Attached Representative Capacity Signature Disclosure is incorporated into the Agreement.”
Be sure to also complete Step 4 by getting a copy of the Certification of Trust from the trustee.
-Thank you to Rhea Willoughby (La Jolla Prospect Office) for suggesting this week’s legal tip.
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