Can You Close On a House Remotely?

Yes, you can close on a house remotely as closing documents can either be digitally signed or notarized via an online notary service. While most documents can be e-signed, some of the most important closing documents such as the deed and closing statement may need to be notarized. There is also the possibility of handing it off completely to a trusted party via a power of attorney.

Long gone are the days where all parties must physically meet in person at an attorney’s office to produce wet signatures in the presence of each other and a notary. At the very least, buyers and sellers will today opt to wet sign documents at the attorney’s office when convenient for them, but not necessarily concurrently with their counter-party.

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Closing with a power of attorney

The easiest way to close on a house remotely, but one that requires the most trust, is to assign a power of attorney to a trusted individual like a real estate broker or an attorney.

We’ve seen this done with sellers who are based overseas who assign a power of attorney to their listing agent, or more commonly a buyer or seller who assigns a power of attorney to their lawyer.

This is usually done through a limited power of attorney, which grants limited power to the individual being assigned the power of attorney.

Closing on a house remotely with a power of attorney, an online notary, wet and dry signatures vs a traditional closing & more.

For example, a limited power of attorney may specify that the trusted individual will have the power to act on the owner’s behalf only as it relates to the sale of the specific property. Sometimes, the limited power of attorney may also specify a minimum price or other terms that the seller would accept.

As long as the person you are granting the power of attorney to is someone you intimately trust, then this is one of the easiest ways to sell a home remotely simply because you won’t need to do anything. You won’t be required to sign or do anything prior to or at closing because your trusted agent will be doing it on your behalf.

Closing with an online notary

Closings with online notaries are a relatively new phenomenon in real estate, and has only recently become more customary and acceptable after the COVID-19 pandemic.

Since many government authorities restricted in-person activities during the pandemic, closings still had to happen and as a result many new laws and regulations came about allowing online notaries for real estate closings.

Online notaries are actually quite a brilliant invention, having an excellent balance between security and convenience, with ingenious ways of verifying identities.

For example, your typical online notary experience will start with identity verification with the notaries and the signers both being visible to each other via video-conference.

The notary will check and verify the signer’s identity documents through video-conference, after which the signer may be asked to answer a series of automatically generated questions to further verify their identity.

These questions will be similar to the questions that other services ask to verify identity, usually pulled from public records (i.e. which of the following addresses have you ever been associated with?).

Once the signer’s identity has been verified, the relevant documents that need to be notarized are e-signed by the signer, typically within the same online notary web application.

Pro Tip: The only downside we’ve seen with these services is that because the documents are prepared in advance to save time, signers are often pushed to the signature page and asked to e-sign without being given enough time to peruse the full document that they are signing.

Closing with both wet and dry signatures

Often times these days, closings are done most easily through a combination of both wet and dry signatures. For example, your attorney may send you a bunch of less important documents such as disclosure forms to e-sign (i.e. dry signature). This way, you can get at least some of the paperwork completed at home and on your own schedule.

Then, for the most important documents such as the Florida warranty deed, HUD-1 closing statement or Closing Disclosure where a notarized and/or wet signature is necessary, you can schedule a convenient time for you to stop by the attorney’s office to sign-in person.

Although this is typically done the same day as your counter-party, it’s not necessary to sign concurrently in time or location as your counter-party.

This actually makes real estate closings a lot easier to schedule and get done vs the traditional method, where everyone had to find time in their schedule to meet in person at the same office to “close.”

This way, the buyer can find a time that works for them to go sign in-person at their local attorney’s office, and the seller can find a time that works to sign in-person at their respective attorney’s office. This can be done asynchronously across vast geographic distances, which makes closing a lot easier to get done these days.

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Closing the traditional way in-person

Of course, this article wouldn’t be complete if we didn’t do a quick recap of the traditional, in-person closing day event that everyone used to do.

Remember that one of the joys of closing in-person is to celebrate what sometimes was a difficult and emotional process, and it’s an opportunity for Realtors to personally congratulate their clients and to hand the buyer the keys to their new home.

Norms vary based on the state the transaction takes place.

For example, in New York where the buyer and the seller each has their own attorney, the closing typically takes place at the seller’s attorney’s office.

In the off-chance that the buyer’s attorney’s office is more conveniently located for all parties, the seller’s attorney may agree to hold the closing there instead. Alternatively, the title insurance company’s office may also host the closing when it’s more conveniently located.

In Florida where there is typically only one attorney, the Florida closing attorney will host the closing at his or her office.

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Disclosure: Commissions are not set by law or any Realtor® association or MLS and are fully negotiable. No representation, guarantee or warranty of any kind is made regarding the completeness or accuracy of information provided. Square footage numbers are only estimates and should be independently verified. No legal, tax, financial or accounting advice provided.

1 thought on “Can You Close On a House Remotely?”

  1. Christoph Barman

    Much needed innovation. The tech has been there for years, and finally legislation is making it happen across the country. The WSJ just came out with an article in-fact about this, and it’s now legal in 43 states, and will probably be legal nationwide in the near future: https://www.wsj.com/articles/virtual-real-estate-closings-go-mainstream-but-some-states-hold-out-11659951001

    Note, the article states there’s only been ONE recorded case of fraud, where someone tried to pose as the seller to fraudulently sell her home. The online notary was sued for negligence for failing to properly verify the “seller’s” identity.

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