If you’re selling your home, you may be wondering if the seller can sign the documents early. In many cases, the answer is yes. This can be helpful if you’re relocating out of town, don’t have a timeline for closing date, or simply want to streamline the process so the funds are released faster once the buyer signs. However, your ability to sign early depends on factors such as state law, the title company, and the buyer’s schedule.
Whether you’re selling a home in Seattle, WA, Austin, TX, or Miami, FL, this Redfin guide explains what sellers need to know about signing documents early, why, and what it means for your closing timeline.
Why sellers need to sign documents early
Closing day can often feel hectic, with a mountain of paperwork to review and limited time to manage everything. To simplify the process, many sellers choose to sign closing documents in advance. Doing so will prevent last-minute delays if you are unable to attend an in-person appointment and ensure a smoother, less stressful closing experience.
Pre-signing often requires flexibility. Sellers may prefer it if:
They are traveling on the scheduled closing date. They are relocating to another city or state. The logistics of travel day make it difficult to participate.
What documents can sellers sign early?
While it can be helpful to sign the closing documents in advance, not everything can be signed in advance. Some may need to be executed on the actual closing date to ensure legal validity and reflect the most up-to-date information. However, many common seller documents can usually be pre-signed.
Deed: Once the transaction is completed, ownership of the property is transferred to the buyer. Settlement Statement (or Closing Disclosure): Outlines the financial details of the sale, including proceeds and closing costs. Payoff Approval: Allows the title company to obtain the final mortgage payoff amount directly from the lender. Affidavits and Affidavits: Affidavits of non-alien status, property disclosure updates, statements certifying that there are no outstanding liens, etc. Tax and HOA Documents: Any forms required to confirm payment of property taxes or homeowners association dues.
Legal, logistical and practical considerations for sellers
Pre-signing documents can save time, but it also adds complexity. State law, lender rules, and the possibility of last-minute changes will affect its validity. The seller risks re-signing the amended documents or requiring a power of attorney in their absence.
State laws and practices: Some states do not allow pre-signing or allow it only for certain documents. Document Preparation: Document preparation may be delayed due to lender terms, title issues, or coordination delays. Handling changes after signing: Amendments typically require redoing, but the escrow/title officer manages this process. Risks: Past concerns, fraud, or buyer financing failures. Using a Power of Attorney (POA): An alternative if you are unable to attend, but should be carefully crafted and limited to avoid abuse.
>> Read: 3 Tips for Using a Power of Attorney for Real Estate Closing
Step-by-step process for pre-signing
Pre-signing is easy, but it is most effective if you arrange timing and paperwork in advance.
Check with the title/escrow company. Ask when documents will be ready for early signing. Schedule your appointment. Reservations may be made at the title office, broker’s office, or a notary public. Please bring the appropriate documents, such as government-issued identification, lien waivers, repair receipts, and payment statements. Execution: Read over the document, sign it, and acknowledge that you may make minor revisions later if necessary.
State variations in pre-signing
Pre-signing rules may vary depending on the location of the property. Each state follows its own real estate customs and documentation requirements, which can affect when and how early signing is allowed.
1. Who usually conducts the closing?
Attorney states such as Connecticut, Georgia, Massachusetts, New York, North Carolina, South Carolina, and Vermont often require or strongly desire the involvement of an attorney at closing. If you are unable to attend in person, an attorney or limited power of attorney may be required to sign on your behalf. In escrow/title states such as Arizona, California, Colorado, Nevada, Oregon, and Washington, a title or escrow company typically handles the closing. Pre-signing is common and can often be done via a mobile notary or mailed package, subject to lender approval.
2. States Requiring Witness Witnesses
Some states (Connecticut, Florida, Georgia, Los Angeles, South Carolina) require a witness in addition to a notary public to execute a deed or mortgage document. If you sign in advance, make sure a witness is present to ensure the deed is recorded correctly.
3. Availability of Remote Online Notarization (RON)
Many states allow remote online notarization (RON) for virtual document signing. However, check with your title company or lender to see if they will accept RON in your transaction.
Pros and cons of signing documents early as a seller
If you’re considering pre-signing closing documents, it’s important to understand both the benefits and potential drawbacks before making a decision. Here’s what sellers should consider before moving forward:
Benefits of signing documents early:
Greater flexibility in logistics schedules and moves Faster financing once the buyer signs No need to be in the office on the day of the move
Disadvantages of signing documents early:
Documents may need to be re-signed if they change Not all lenders or escrow officers approve of pre-signings Risk of last-minute surprises such as title issues or outstanding repairs
Best practices for sellers considering pre-signing
After weighing the pros and cons, you may decide that pre-signing is the best option for your situation. A little preparation can make a big difference. The key is to enjoy the convenience of signing in advance while protecting yourself from errors, miscommunications, and last-minute surprises.
Start early: Ask your Redfin agent and title/escrow representative about pre-signing early to allow for document preparation and identify restrictions. Check with all parties: Early signing requires approval from the buyer, lender, and title company. Review draft documents in advance: Request documents in advance to check for errors, understand terminology, and ask questions. Pre-sign only “clean” documents: Avoid signing forms that are likely to change, such as settlement statements. Only sign completed documents. Document your understanding: Minor modifications are allowed, but major changes require re-signing. Work with a trusted professional: An experienced title and escrow company will handle pre-signing properly and protect your interests. When to use a POA: If one isn’t available, give power of attorney to a trusted individual and make sure it meets lender and state requirements.
Seller pre-signing checklist
Pre-signing is a convenient option for sellers who need flexibility with closing dates, but it’s important to approach it carefully. By planning ahead, communicating with your agent, title company, and buyer, and reviewing all documents before signing, you can minimize the risk of errors and delays for a smooth, stress-free closing.
FAQ: Can sellers sign documents early?
1. Does pre-signing transfer ownership early?
no. Ownership will only transfer if all parties sign and funds are duly paid at closing. Pre-signing simply keeps the document on file until the buyer completes their side signature.
2. What happens if the buyer doesn’t sign or the financing falls through?
The sale will not be finalized and any previously signed documents will be null and void. Nothing is recorded or finalized until the buyer’s financing is complete and the transaction is fully funded.
>> Read: What’s wrong with closings?
3. Can I refuse a buyer’s pre-signature request?
yes. Pre-signing is optional and must be accepted by the seller, lender, and title company. If it is not convenient for you, you can wait until the scheduled end date.
4. Who pays if a clerical error is discovered later?
The title or escrow company is usually responsible for correcting clerical errors. We may need to re-sign the amended document, but we are not financially responsible for the mistake.
5. What documents are not secure to pre-sign?
Anything that may change at the last minute should only be signed at closing. This includes documents related to final financial statements, amounts paid, or variable costs.
