The Importance of the Representative Capacity Signature Disclosure

By Amy Leonhardt
July 2, 2024

Real estate transactions involving trusts require a nuanced understanding of legal procedures, one of which is the Representative Capacity Signature Disclosure (RCSD). This document (used with entities such as LLCs, POAs, or partnerships, but most often with trusts) is important when a trust is involved in a real estate transaction because it confirms the authority of an individual to sign real estate documents legally on behalf of a trust. This validation of entity and signer makes the transaction legally binding for the entity, while relieving the individual signer from any legal obligation. If the seller or buyer is correctly identified in the C.A.R. form by entity name and signer name, the full and correct Trust name is provided on the signature page, and the “Entity Buyer” or “Entity Seller” box is checked, then the RCSD is not needed. However, it is often requested by escrow due to one or more of those requirements not being met. To ensure buyer, seller, agents, their brokers, and escrow are protected, your escrow officer may request the RCSD if there are any questions regarding the signer’s legal authority. 

To complete an RCSD, agents must ensure that the trust documentation is in order. This includes the original trust agreement and any amendments that may have occurred over the years. The most recent version of the Trust is needed in order to complete the RCSD and provide for review to the title company. These documents outline who has authority to act on behalf of the trust. Getting these items at the beginning of a transaction ensures not only that the RCSD will be completed fully and accurately but also that escrow documents will be prepared correctly and quickly, with accurate signature lines. The RCSD should be completed and submitted early in the transaction process. If there are any questions regarding the RCSD completion, check with legal professionals who specialize in trusts and estates. They can provide guidance on the RCSD and ensure all legal requirements are met.

By understanding and correctly utilizing the Representative Capacity Signature Disclosure in your transactions involving trusts, you can provide exceptional service to your clients, ensuring that all legal aspects of the transaction are handled correctly and efficiently.

About the author: Amy Leonhardt is an escrow assistant for Equity Escrow Group, Ltd. in Fullerton, California. For more information on the services provided by Equity Escrow Group please contact them at 714.626.2095 or visit their website www.equityescrowgroup.com