If I was to make an offer to purchase a property sub 2, example, have a closing date of Dec 31st, could I get a signed and notorized warranty deed, and only record it if I follow through on my offer? Mainly, if i don’t buy, I dont want a seller being able to later say I already bought since we had a deed signed and notarized. They will know upfront i will not record it unless I decide to buy, but when I decide, I want the deed already signed and notarized, so I can record it immediately.
Basically, I want the contract null and void if the deed is not recorded by the closing date specified on the contract, but I want the deed signed and notarized, and placed in my personal escrow (my desk).
The reason for this is I have an upper value property, and I don’t want to record the deed unless I can get a buyer for it, which i’m not positive about. But i want the deed signed and notarized so I don’t have any possible issues with the seller changing their mind for any reason. I do not want to put anything in my contract that says i am buying from her unless I get it re-sold, but in reality that is what will be done, and the seller is fully aware of this. I just dont want any problems where a seller can say they deeded me the house and therefore it’s mine, even though the deed isnt recorded.
Hope this is explained well enough.