February 16th, 2016 at 11:38 pm
Answer: As to the first part of your question, the answer is “yes.” For a trust listing, use the regular C.A.R. Residential Listing Agreement (Form RLA), and check the box in paragraph 16 to attach the Trust Advisory (Form TAL). As to the second part of your question, the answer is yes, you can put the trust as the seller, but that’s probably not the best way. A better way may be to insert either “John Doer, trustee” or “John Doer” as the seller, and above his signature line, check the “Representative Capacity” box to attach the Representative Capacity Signature Disclosure (Form RCSD). Write the name of the trust on the RCSD, not the RLA. Checking the Representative Capacity box in the RLA means that all Mr. Doer’s signatures and initials on the listing agreement and related documents are to be deemed in his representative capacity as trustee of the trust. Another advantage for checking the box is it requires Mr. Doer to provide a trust certification or other evidence of his authority to act in his representative capacity within 3 days after entering into the listing agreement. We want to review this paperwork as soon as possible to make sure we don’t run into any issues involving the transfer of title.
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