When to Use the Representative Capacity Signature Disclosure Form

Is that client you are working with representing himself, herself or acting as a representative for an Estate, Trust, other entity or with a Power of Attorney?

Did You KnowAgents,

If the client is acting in a “Representative Capacity” then form RCSD must be used. The Representative Capacity Signature Disclosure form was released in Nov. 2014 and must be used on certain transactions. Here is a list of transactions where form RCSD must be used:

  1. Estate: Seller is an estate (probate), conservatorship or guardianship,
  2. Trust: The property is held in trust pursuant to a trust document,
  3. Power of Attorney: The Principal has authorized a person to act as their Attorney in Fact and
  4. Entity: The Principal is a Corporation, Limited Liability Company, or Partnership.

Besides form RCSD being required, the Principal(s) must also provide supporting documents to “confirm” their authorized to sign in a representative capacity.

As an Evergreen Realty HomeSmart agent, do you have questions on this or other real estate related issues?

Contact your Risk Management Department by telephone at 949-486-2207 or e-mail at BrokerServices@EvergreenRealty.net.


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