Who Is the Buyer?

Anybody can enter into an Agreement of Purchase and Sale unless he/she is under 18 or mentally incompetent. A Corporation also has all the powers of a natural person can enter into an agreement, as can a partnership. However, unless the acquisition of land is in the ordinary course of the business of the partnership one partner cannot enter into the agreement on behalf of the partnership. All partners must sign. Where an agreement is being signed under Power of Attorney, the agreement should clearly so indicate. We suggest the following wording:

“Mr. Smith, as attorney for Mrs. Smith” or “Mrs. Smith, by her attorney, Mr. Smith” – where Mr. Smith is the attorney for Mrs. Smith.