Dec72025
Real Estate Q&A Series

Do all co-owners have to sign the acceptance and sales contract, or can one person authorize it on behalf of everyone? – North Carolina

Short Answer

Under North Carolina law, every property owner whose interest is being sold generally must sign the real estate sales contract and the later deed, unless a valid written power of attorney or other written agency authority allows one person to sign for them. An oral promise that one co-owner can “sign for everyone” is not enough for the sale of real estate. When an agent signs under a power of attorney, that document must meet North Carolina’s recording and execution rules to be effective for the closing.

Understanding the Problem

The core question is whether, in North Carolina real estate transactions, all co-owners of a property must personally sign an offer and acceptance (sales contract), or whether one co-owner can sign on behalf of the others. This comes up when property is jointly owned by spouses, family members, or business partners, and only one person is available or willing to sign. The concern is whether a buyer and seller can form a binding contract and later pass clear title to the buyer if not every record owner signs personally.

Apply the Law

North Carolina treats contracts for the sale and transfer of real estate as subject to formal rules, including the statute of frauds and recording laws. A contract to sell land and the deed that follows must be in writing and signed by the party whose interest is being conveyed or by a lawfully authorized agent. When an agent signs for a property owner, North Carolina law requires specific power-of-attorney and acknowledgment practices, and closing attorneys and title insurers usually insist that all owners or their properly authorized agents sign before certifying title.

Key Requirements

  • Written agreement for real estate: A contract to sell an interest in land must be in writing and signed by, or on behalf of, each owner whose interest is being sold.
  • Signature by each co-owner or authorized agent: Each record owner must either sign the contract and deed personally or have a valid written agency or power-of-attorney document authorizing another person to sign for that owner.
  • Proper execution and recording of powers of attorney: If an agent signs for a property owner, the power of attorney must be properly executed, acknowledged, and recorded (or recordable) in the county where the property lies, and the deed should clearly show that the signature is made in a representative capacity.

What the Statutes Say

Analysis

Apply the Rule to the Facts: With no specific facts provided, consider two simple variations. In the first, two siblings own a house and both sign the contract and later the deed; the key elements are met because each owner signs for their own interest. In the second, only one sibling signs “for both of us” without a written power of attorney or other written authority; that signature generally binds only the signing sibling’s interest, and a closing attorney may refuse to insure or record a transfer of the non-signing sibling’s interest without proper written authorization.

Process & Timing

  1. Who files: The parties (buyer and all sellers/co-owners). Where: The sales contract is signed privately; the deed and any power of attorney are later recorded in the county Register of Deeds where the property is located. What: Standard North Carolina offer to purchase and contract forms and a recordable deed; any power of attorney must meet North Carolina execution and acknowledgment requirements. When: The contract is signed before due diligence begins; the deed and any related powers of attorney are recorded at or just after closing.
  2. After contract signing, the closing attorney confirms the chain of title, identifies all record owners, and verifies that each owner will either appear to sign or has granted a valid power of attorney or similar written authority. This title review and document preparation usually occur in the weeks leading up to closing but can vary by county and transaction complexity.
  3. At closing, the deed is executed by all owners or by a duly authorized agent for each owner, notarized, and then delivered for recording with the Register of Deeds. Once recorded, the buyer’s ownership appears in the public records, and any recorded power of attorney used in the transaction is cross-referenced on the deed.

Exceptions & Pitfalls

  • Some contracts may be enforceable between the signing parties only, but that does not guarantee that full title from all co-owners can be conveyed at closing unless each owner signs or properly authorizes an agent.
  • Assuming that a spouse or family member automatically has authority to sign for another owner is a common mistake; North Carolina generally requires written authority for real estate transfers.
  • Failing to properly record or reference a power of attorney can create problems in the public record and may lead a Register of Deeds or title insurer to question the validity of the transfer.
  • Out-of-state or old powers of attorney may not meet current North Carolina execution, acknowledgment, or recording standards; they often need review and sometimes replacement before closing.

Conclusion

In North Carolina, a real estate sales contract and the later deed should be signed by every co-owner whose interest is being sold, unless a valid written power of attorney or other written agency authority allows a single person to sign on that owner’s behalf. Oral permission is not enough for land transfers. The most important next step is to confirm who holds title and ensure that each owner either signs the contract and deed personally or has proper written authority in place before closing.

Talk to a Real Estate Attorney

If multiple people own property and only one person is able or willing to sign a North Carolina real estate sales contract, our firm has experienced attorneys who can help clarify what signatures or powers of attorney are required to convey clear title. Call us today at 919-341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Real Estate Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.