Witness Conflict of Interest: Navigating Potential Conflicts with Care

I wanted to bring your attention to something that has been brought up a couple different times during my experiences with loan signings. On many occasions, the realtors volunteer to be the witness for the home closing.

While realtors can undoubtedly provide valuable insights into the processes, it’s essential to understand the potential conflicts of interest that may arise when they take on the role of a witness.

Realtors play a pivotal role in helping individuals buy, sell, or lease properties. Their responsibilities encompass guiding clients through complex legal and financial procedures, and they often become intimately acquainted with their clients’ personal and financial information. This close relationship can naturally lead to situations where they are asked to serve as witnesses during notarization processes, whether in-person or within a remote online notarization platform.

Looking for a Mobile Notary Near Me? Just Get it Done Online! — Realtors often like to be a part of this process.

It’s natural for them to volunteer to be a part of this process as they may be naturally curious and would like to guide clients through this part of the process as well.

The Potential Conflicts of Interest: Conflict of interest arises when an individual’s personal interests interfere with their professional responsibilities, potentially compromising the integrity of a transaction or process. Realtors, while trusted professionals, face a unique set of challenges when serving as witnesses:

Financial Incentives: Realtors may have a financial stake in the transactions they facilitate. These incentives might cloud their objectivity when acting as witnesses, potentially undermining the credibility of the notarization process.
Dual Roles: When a realtor acts as both a witness and an advisor in a transaction, the lines between these roles can blur. This duality might impact their impartiality and raise concerns about their motivation in endorsing the documents.

Effective Communication with Realtors: To ensure the integrity of the notarial process and avoid conflicts of interest, it’s crucial for notaries to communicate clearly with realtors:

1. Educational Opportunity: Notary professionals should proactively work with realtors to educate them about the potential conflicts of interest that could arise from taking on the role of a witness. This awareness will help realtors make informed decisions.
2. Recommending Alternatives: When possible conflicts are identified, notaries should suggest alternative witnesses who have no vested interest in the transaction. This step ensures an unbiased notarization process. Check out our handy dandy witness pool option that is $10 to use a notary from our Open Call Pool.

By informing the realtor and title companies about this potential conflict of interest, you will demonstrate your professionalism and dedication to maintaining the integrity of your role. They will likely appreciate the effort you put into educating them about something that could potentially invalidate the notarization.