Affiant
Definition and meaning of Affiant in real estate.
An affiant is a person who makes a sworn statement of facts under oath and signs a written document known as an affidavit. The affiant must have personal knowledge of the facts stated in the document and must sign it in the presence of an authorized official.
In more detail
In real estate transactions, affiants are often buyers, sellers, or title professionals who need to verify key details about a property or transaction. For example, a seller acting as an affiant might sign a statement declaring there are no outstanding mechanics liens on the home.
By swearing to the truth of the statement, the affiant assumes legal responsibility. If the affiant knowingly makes false statements, they can be prosecuted for perjury under state law.
Key facts
| Category | Legal, Titles & Closing |
|---|---|
| Key requirement | Must have personal knowledge of the facts being sworn to |
| Legal liability | Can face perjury charges for making false statements |
| Signing witness | A notary public or other authorized government official |
During the closing process, a home seller acts as the affiant by signing a sworn statement that certifies they are the sole owner of the property and have the legal right to sell it.
Frequently asked questions
Who can be an affiant in a real estate transaction?
Anyone who has direct personal knowledge of the relevant facts and is legally competent to take an oath can act as an affiant.
Does an affiant have to sign the document in person?
Typically yes, the affiant must sign the document in the physical or authorized virtual presence of a notary public to verify their identity and oath.
Related terms
Sources & references
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