Can I put an offer in on a piece of property, it get accepted and I decide to change the name to my boyfriend?

Asked by Donna, Chattanooga, TN Wed Apr 9, 2008

instead so it closes in his name. Can this be done or would he have to go through the whole offer/ acceptance procedure again?

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Tina Evans, Agent, Cookeville, TN
Thu Apr 10, 2008
You will be well advised to discuss this with a real estate attorney. Also, if you are taking out a mortgage, you should check with the Lender to see if there is any stipulations regarding whose name must be on the documents. And, not to dampen any enthusiasm, but you need to be 100% secure in the relationship between you and your boyfriend. I have seen too many occasions where, after the transaction, the situation deteriorated and created a very costly, messy matter. to remedy. Best advice again,, this is a legal question that you need to present to a qualified real estate attorney. Hope it works out well for you.
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Don Tepper, Agent, Burke, VA
Wed Apr 9, 2008
As the others advise, just add "and/or assigns" after your name. That allows you to assign the contract to someone else. Now, the seller may balk at that, or he/she may not.

Taking that one step further--and I'm not a lawyer and you should check with a lawyer on this--such contracts are assignable even if the "and/or assigns" is not present. The "and/or assigns makes your position more clear," but unless a contract is specifically not assignable (due to language in it forbidding assignment), it generally is.

Good luck.
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Regan Langel, Agent, Manhattan, MT
Wed Apr 9, 2008
Hi Donna-- My name is Regan Langel and I'm a Realtor in the Gallatin Valley. If you want to write an offer and have JUST your name on the purchase agreement until a later date, you can simply put "Donna (Middle Initial, Last Name) and/or Assigns" is the buyer. Then before closing, you can add a name or change the name on the contract by writing an "amendment to the buy/sell". Hope that helps!
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Amy Dyer, Agent, Escanaba, MI
Wed Apr 9, 2008
You really should consult an attorney. In many cases you have to write a new offer to purchase in his name only.
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Craig Harding, , Ooltewah, TN
Wed Apr 9, 2008
You should check with your attorney but typically you can not unless the contract has a statement stating your name as the buyer and then "and or assigned".
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