Protecting my interest with an option PLEASE HELP - Posted by ChrisNC

Posted by Mike (IN) on November 07, 2001 at 12:10:45:

The seller does not need to sign this form. You are the “Affiant” stating that you have the option to purchase, etc. That is what is recorded. It just clouds the title which is what you want. The notary is just notorizing YOUR signature. (I recorded one of these today!)


Protecting my interest with an option PLEASE HELP - Posted by ChrisNC

Posted by ChrisNC on November 07, 2001 at 11:58:48:

I have a property that I have an open option to purchase. On Sunday the owner and I signed the short option form from Legrands materials. I have both the owner and my signatures. I was taught VIA Legrand that the option does not need to be notarized. There isn?t even a place for the notary information. Now I had an appointment set up with a buyer for Tuesday and the owner didn?t show up to show the house. ( He lives there!!) . Now he is nowhere to be found and I cannot contact him. I would like to protect my interest here, since I have a buyer who wants to buy after seeing the interior. I have the Affidavit & Memorandum of Agreement concerning Real Estate from my course. I will attach this form at the end. On this form there isn?t a place for the owner to sign. I was taught to simply get the option singed ( w/o notary ). Then fill this Affidavit out and go record it. However, after calling the courthouse nobody seems to understand what I am trying to do or where I should do it. I called my lawyer he said the registor of deeds is the place to do it. But to record a memo of agreement you need the sellers signature on the affidavit to record it. This is not what I have been told prior to this issue. So, who is right here? Can I simply record this affidavit (see below) or will this form not work. It was provided with the Legrand materials. How can I protect my interest here? If I cannot, how can I protect my interest in the future. Remember all I have signed by the owner is the Option agreement and it isn?t notarized ( I was taught I didn?t need to ).

Here is the Affidavit ( Nowhere on here is the owner supposed to sign )

Please Help.



Affidavit And Memorandum Of
Agreement Concerning Real Estate

State of _________________
County of _______________

BEFORE ME, the undersigned authority, on this day personally appeared
____________________________________________, who being first duly sworn, deposes and says that:

  1. An agreement for the Purchase and Sale of the real property described in the attached Exhibit “A” was entered into by and between the Affront, as Buyer, and _______________________________, as Seller, on the _________ day of ____________, 20.

  2. The closing of the purchase and sale of said real property, per the terms of the Agreement, is to take place on or before the ______ day of _______________________, 20.

  3. A copy of the agreement for purchase and sale of said real property may be obtained by contacting ______________________________________, whose mailing address is __________________________________________________________, and whose telephone number is _________________.

Dated this __________ day of _________________________, 20.


Signed, sealed and delivered
in the presence of:



Sworn to and subscribed before me this _________ day of ______________________, 20 ____

(Seal) NOTARY PUBLIC STATE OF __________________
My commission expires ____________________________

This instrument was prepared by:

Also… - Posted by Mike (IN)

Posted by Mike (IN) on November 07, 2001 at 12:13:03:

you will record this at the “Recorders Office”…not the “Deeds Dept”.