Does a Maine purchase and sale agreement have to be notarized?

Does a Maine purchase and sale agreement have to be notarized?

Realtor · Bangor, ME · Member since 2018 · 203 posts · 34 votes

I have searched through many forums and seen different responses; None of which answer my question. My question is this: When I get a purchase and sale agreement signed does it have to be notarized right then and there ? (In Maine*) I know I have to send/take the contract to escrow but I don’t understand why or how a notary would

Come into play since we are going to the title agency anyway

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  • Redondo Beach, CA · Member since 2016 · 40 posts · 41 votes
    6y

    I'm a notary in California, and while each state is different, there are 2 main types of notorial acts: acknowledgements and jurats. Acknowledgements can be signed ahead of time, but jurats must be signed in the presence of the notary. The notary certificate for acknowledgements usually has the word "acknowledged" in it, while a jurat usually has "subscribed and sworn."

    Also, for both of those, the signer has to physically appear (meet in person, not online or over the phone) before a notary, so anyone other than the signer has any of the documents, it can't be legally notarized because the signer didn't physically appear before the notary. However, your state laws may vary, and Maine may allow for online notarization. 

    Some escrow and title companies have their own notaries, so it's possible you could get it notarized there.

  • China, ME · Member since 2014 · 3k+ posts · 4k+ votes
    6y

    @Allison Meggison No. We don't notarize P&S docs here.

    We CAN do a notary closing, but a fully signed P&S is sufficient to be binding.

  • Realtor · Bangor, ME · Member since 2018 · 203 posts · 34 votes
    6y

    Thank you for the feedback !! I appreciate you both !

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