Witnesses Needed to Sign Docs to Sell FL Home

G

g123

New Member
Jurisdiction
Florida
We're required to sign the documents to sell our home in front of a Notary, as well as have two witnesses. The notary can be one witness. We're told we can't use a family member for the other witness. Can I have my son-in-law be one of the witnesses?

Got this from another website (which talks about FL a couple of paragraphs before this statement):
"A signature witness must be an adult, over the age of 18. She should be of sound mind, not under the influence of drugs and not be a party to the document or have any financial interest in it. Ideally, she should not be an individual related to either the grantor or grantee, but this is not a legal requirement, just a practical one. A relative of one of the parties is not neutral and might be met with disbelief if called upon to testify."

** Above paragraph from following website:
Who Can Witness a Real Estate Deed Signing?
 
g123 said:
We're required to sign the documents to sell our home in front of a Notary, as well as have two witnesses. The notary can be one witness. We're told we can't use a family member for the other witness. Can I have my son-in-law be one of the witnesses?
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What did the folks requiring the signatures have to say? What did the notary have to say?
 
Zigner said:
What did the folks requiring the signatures have to say? What did the notary have to say?
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I didn't ask the buying company about my son-in-law, they only state the witness can't be a relative. I guess real question is, "Is my son-in-law a relative?" I didn't want to ask them in case I'm forced to use him, but is that misrepresentation if I don't disclose that he's my son-in-law? And maybe I'm answering my own question, if he's now my son-in-law, or by law, he's now a relative, having married my daughter.
 
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g123 said:
I didn't ask the buying company about my son-in-law, they only state the witness can't be a relative. I guess real question is, "Is my son-in-law a relative?" I didn't want to ask them in case I'm forced to use him, but is that misrepresentation if I don't disclose that he's my son-in-law?
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Your own source doesn't say that a relative "can't" do it - which means that you are dealing with requirements as set forth by the company you are dealing with. Ask them.

PS: I would consider your son-in-law to be "family" for such purposes. I'm basing that on my experience as a notary.
 
g123 said:
We're told....
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By whom?

g123 said:
We're told we can't use a family member for the other witness. Can I have my son-in-law be one of the witnesses?
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So...your question is whether your son-in-law is "family"? Do your daughter and son-in-law know that you aren't sure if he's "family?

When you asked the person who told you that you "can't use a family member" whether your son-in-law is "family," what response did you receive?

g123 said:
I didn't ask the buying company about my son-in-law
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What does "the buying company" mean? Are you selling your home to a business entity?

My guess -- and it's only a guess -- is that this is not an issue about a legal require and that, instead, it's a matter of a title company's preference.
 
adjusterjack said:
Are you using a title/escrow company? If not, I suggest you do so. They will provide the notary and proper witnesses.

I would not rely on anything your buyer tells you.
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The buying company is offering Virtual Notary (over the web), Mobile Notary (come to our location), or get our own notary. I didn't think about the Title/Escrow company, yet I know there's one involved. And thinking of our last purchase it was conducted in the title company's office.

There's discussion that the notary may be able to provide witnesses but I haven't nailed them down on that yet. I like the Virtual Signing/Notary as long as the notary can provide the additional witness needed to complete the transaction.
 
zddoodah said:
By whom?



So...your question is whether your son-in-law is "family"? Do your daughter and son-in-law know that you aren't sure if he's "family?

When you asked the person who told you that you "can't use a family member" whether your son-in-law is "family," what response did you receive?



What does "the buying company" mean? Are you selling your home to a business entity?

My guess -- and it's only a guess -- is that this is not an issue about a legal require and that, instead, it's a matter of a title company's preference.
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Yes, we're selling to a company that has made us a decent offer and is charging 2% closing costs, seems to be the lowest rate going.
 
welkin said:
Call your local library and ask if they have a notary. They will do it for free and will have the witnesses there.
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Good idea.

Some city halls across this land offer Notary services to their citizens.

If you have a banking relationship, visit a branch and someone will be happy to notarize documents for their patrons/customers.
 
I've put a bit more time in to researching this. Florida does require two witnesses on any deed that is going to be recorded but, from what I've found, the law does not prevent a family member from being a witness to your signature(s) on the deed. The requirement is (paraphrasing) that the person cannot have a financial or other beneficial interest in the matter.

As you were told, the notary can also be a witness to your signature(s). That is not the case in all states, but it is correct for Florida.

EDIT:
I am sharing this blog post from a Florida attorney merely for information and not as an endorsement of any kind: Witnesses To A Deed
 

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