REALWorld Law

Sale and purchase


Are special consents required for certain transactions (for example, consent by a spouse)?

United States

United States

Consent is required from anyone who has lent money to the seller and has a security interest in the property being sold unless the mortgage is to be paid off in accordance with its terms at closing (which is, in fact, the most common scenario). Consent may be required from the landlord if the land is leasehold. The holders of any rights of first offer or first refusal affecting the property will have to waive or fail to exercise their rights. State law will mandate whether any special consents are required from occupiers of residential property.  Additionally, consent/authority is typically required under the seller’s authority documents and title companies will require evidence of such consent/authority before issuing title insurance to the buyer.