How can a new party be added to a real estate sales contract? Closing is set for March 27 and buyer wants to include his wife on the contract. Does a new contract need to be signed by buyers and seller?
Answer
A new contract should not be necessary, but it would require a review of your agreement to advise you. Even if this cannot be worked out by the parties prior to closing, the purchaser could add his spouse to title later. This would be a good question for your real estate attorney, and if you do not have one, a good, though minor, example of why it is a good idea to hire one.
Answer
The ease of your attorney making the change depends on whether you are financing the transaction. If financing, then speak to your loan officer to determine whether the lender will allow the spouse to be on title without being on the loan. If they do not want that, then it may be too late to add the spouse to the loan and, frankly, you probably would not want to do so unnecessarily.
If you are paying cash or the lender states it is okay, your attorney can probably use a provision in the contract that refers to a nominee or designated grantee. This would often be found either in the line of the contract that contains your name, followed by something like "or his/her nominee" or in the section of the contract that talks about the deed, something like "title shall be conveyed by recordable deed to grantee or grantee's nominee."
If for some reason your contract does not leave room for you to designate who should be in title, then it will need to be done by request, but there typically would not be any reason the seller would object.
Last resort, convey it later with a warranty deed. Do not use a quit claim deed.
The various scenarios and consequences should be reviewed with your attorney.
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