Legal Use:

Tailored to the specific ESRA or Purchase Contract number indicated (#_______________), this document is not a generic consent form. Each agreement, whether a listing or a purchase, necessitates a distinct acknowledgment to uphold legal integrity.

Sworn Statement Section:

The Certificate of Acknowledgment serves as a sworn statement, to be executed before a Commissioner of Oaths or an authorized person. The individual affirming this document under oath asserts that the execution is voluntary and free from coercion.

• Sworn Statement Unalterability:

The Sworn Statement Section, specifically the Certificate of Acknowledgment, functions as a legally binding declaration made under oath. When an individual executes this document before a Commissioner of Oaths or an authorized person, they are making a solemn and legally significant affirmation that the information contained within is true and accurate to the best of their knowledge.

• Immutability of Sworn Statements:

Sworn statements, by their nature, are immutable and cannot be amended, reused, or edited once they have been sworn to. This ensures the integrity and reliability of the information provided. The act of swearing an oath signifies a commitment to truthfulness and an understanding that the statement is a fixed and unalterable representation of the individual's assertions at the time of execution.

• Legal Ramifications:

Attempting to amend or reuse a sworn statement is legally inappropriate and can have serious consequences. It may undermine the credibility of the statement and potentially lead to legal repercussions. The legal system places a high value on the sanctity of sworn statements, emphasizing their unalterable nature to maintain the reliability and trustworthiness of such declarations.

• Commitment to Voluntariness and Coercion-Free Execution:

The language in the Certificate of Acknowledgment specifically emphasizes that the execution of the document is voluntary and free from coercion. This further underscores the importance of maintaining the original and unaltered nature of the sworn statement. Any attempt to edit or reuse the statement would compromise the voluntariness and integrity of the original oath.

Prohibition of Reuse:

The Dower Consent and Acknowledgment is unique to each agreement and cannot be reused for different contracts or listings. Attempting such reuse is legally inappropriate and may result in severe consequences.

Void Option:

Failure to execute this document properly grants the buying party a Void Option, allowing them to void the agreement up to the closing date. This underscores the importance of accurate execution.

Key Points:

• Dower Consent is vital for spousal acknowledgment in property disposition.

• Each acknowledgment is specific to the designated ESRA or purchase contract number.

• Reusing the document for different contracts is legally impermissible.

• The sworn statement ensures acknowledgment is voluntary and free from coercion.

• Failure to execute properly grants the party not providing acknowledgment a Void Option up to the closing date.

• Confidentiality and Non-Disclosure:

• Emphasizing the confidential nature of information within the document, parties are reminded not to disclose or share it beyond involved parties and legal representatives, maintaining privacy per legal and ethical standards.

Legal Consequences of Misuse:

Clarifying potential legal consequences, including legal actions and liabilities, underscores the importance of ethical conduct. Any attempt to manipulate or misuse the Dower Consent document may result in severe repercussions.

Educational Resources:

Dower Explained Podcast

What must a REALTOR® understand about the Dower Act?

Timely Execution:

Highlighting the significance of timely execution, delays in obtaining spousal acknowledgment may impact the overall timeline of the real estate transaction, potentially affecting the closing date.

Legal Consultation:

All parties, especially the individual providing spousal acknowledgment, are encouraged to seek independent legal advice before executing the Dower Consent document, ensuring full awareness of legal implications and consequences.

By adhering to these guidelines, we uphold legal standards, maintain transparency, and protect the rights and interests of all parties involved in real estate transactions. The Dower Consent and Acknowledgment is to be completed when only one spouse is on the title, and affirmative responses to legal marriage and residency on the property since marriage are prerequisites.

ALTERNATIVELY: Your client's spouse can discuss with their lawyer removing their Dower Right and registering this on your clients title. This comes with risk, advice and application is a must through their lawyer.