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#450415 - 02/09/16 05:35 AM Authorized to Sign on Behalf of Landlord?
DPowers Offline
Junior Member

Registered: 02/09/16
Posts: 2
Loc: MO
Hey eveyone!

I wanted to get other brokers thoughts on this. I am a broker in Missouri and I have a client that I handle leasing for (not management) that prefers that I sign the lease as a "authorized agent" on his behalf. Looking through our listing agency agreement with him I don't see any verbiage that mentions the ability to sign on his behalf.

Has anyone experienced this? I have no problem signing on this behalf but just want to make sure I can legally do that without raising a red flag to the real estate commission if audited.

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#450417 - 02/09/16 06:29 AM Re: Authorized to Sign on Behalf of Landlord? [Re: DPowers]
Vermont Offline
Major Contributor

Registered: 04/12/08
Posts: 7717
Loc: Vermont's North-East Kingdom
Does your Errors and Omissions cover you for that activity?

Let's hope it doesn't; because that activity opens up a whole other can of worms; and I doubt that your Leasing Fees will adequately cover the costs you'll eventually incur in the CourtRoom.

If you don't know, just ask your E&O Carrier, or your Insurance Agent Salesman ?
_________________________
Dale C. Hittle of GOLDEN RULE PROPERTIES in Glover, Vermont
Where We're Always Striving To Put Together "THE FAIR DEAL"

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#450420 - 02/09/16 08:18 AM Re: Authorized to Sign on Behalf of Landlord? [Re: Vermont]
DPowers Offline
Junior Member

Registered: 02/09/16
Posts: 2
Loc: MO
Thanks for the suggestion. Yea I haven't even considered asking my insurer that question, I am doing that now. But if I would be considered an extension of the landlord and signing on his behalf wouldn't that liability pass thru to him? Just thinking out load here... not sure it would either.

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#450421 - 02/09/16 08:31 AM Re: Authorized to Sign on Behalf of Landlord? [Re: DPowers]
Vermont Offline
Major Contributor

Registered: 04/12/08
Posts: 7717
Loc: Vermont's North-East Kingdom
Originally Posted By: DPOwers
". . .if I would be considered an extension of the landlord and signing on his behalf wouldn't that liability pass thru to him . . ."

Seems logical . . . . "IF" he still feels inclined to absorb that liability when things don't go quite as nicely as we'd want.

Ever wonder why Real Estate Contracts (like P&Ss or Extensions, Amendments, Addenda or Maintenance Agreements) are only valid when executed by the Principals . . . . why not Warranty Deeds too ?

Ever hear the words "I never agreed to that !" . . . . ?

Here in Vermont, we only "prepare" Contracts on behalf of others; not Execute them. Even if Missouri Law allowed you to go beyond that, I wouldn't do so.

When things go sour . . . . no one ever volunteers to take on a responsibility that they can shuffle off onto someone else.

Are you a Gambler ?
_________________________
Dale C. Hittle of GOLDEN RULE PROPERTIES in Glover, Vermont
Where We're Always Striving To Put Together "THE FAIR DEAL"

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#451398 - 03/18/16 11:36 AM Re: Authorized to Sign on Behalf of Landlord? [Re: DPowers]
lanna Offline
Member

Registered: 05/28/12
Posts: 44
Loc: Arizona
Are you or are you not the landlord's authorized agent, per your listing agreement? It sounds like the landlords's preferred verbiage is redundant and unnecessary. A broker/agent typically signs contracts identifying himself as an agent, separate from the landlord/owner's signature, so the relationships are clear.

By the same token, a licensed salesperson signs contracts on behalf of his employing broker, correct?

The landlord is probably incorrect in thinking that his verbiage will limit or transfer his liability.

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