Legal Question in Real Estate Law in California
If there are 2 grantors and 5 grantees on a recorded deed, how many have to sign in order to sell?
Asked on 6/27/12, 3:00 pm
2 Answers from Attorneys
Anthony Roach
Law Office of Anthony A. Roach
If the entire interest in the property is to be sold, all five grantees would have to sign. Otherwise, the new grantee would only take as to the interest as to the signing grantees.
Answered on 6/27/12, 3:03 pm
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
The previous answer is pretty much right. If, however, the five grantees held title as joint tenants, and one or more of them has died, their interest(s) would have passed to the survivors by operation of law, and only the surviving owners would need to sign.
Also, a deed may be signed by an authorized agent as well as by the owner/seller in person, provided the agent has been authorized in writing. See Civil Code section 1091.
Answered on 6/27/12, 4:46 pm
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