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FLORIDA REAL ESTATE SALES ASSOCIATE COURSE

Real Estate Contracts

Section 34 of 45

If the property is owned by married spouses or is a homestead, both spouses must sign the sale contract—even if only one spouse is listed as the owner. A spouse’s signature shows agreement to give up homestead rights at closing. If both spouses sign as buyers, both are legally responsible under the contract. If only one spouse signs, only that spouse is bound.Authority to Sign a Contract - A real estate broker or sales associate cannot sign a contract on behalf of a buyer or seller unless they are specifically given that authority.A power of attorney (POA) is a written document that allows one person (the attorney-in-fact) to sign and act for another. A general POA allows broad authority, while a special POA limits authority to a specific act, such as signing a real estate contract. When a POA involves real property, it must be properly witnessed, notarized, and recorded. Licensees should consult an attorney before agreeing to act as an attorney-in-fact.Material Defects Disclosure - Sellers of residential real property are legally required to disclose any material defects they know about. A material defect is a problem that significantly affects the value of the property and is not easily observable by the buyer.
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