Affirmation
Definition and meaning of Affirmation in real estate.
An affirmation is a solemn, formal declaration regarding the truth of a statement of facts that is used as a substitute for a sworn oath. It carries the exact same legal weight and penalties for perjury as an oath, but it does not invoke a deity or religious text.
In more detail
This option is typically provided to individuals whose religious beliefs, personal convictions, or lack of religious faith prevent them from swearing an oath. In real estate, a buyer, seller, or witness can choose to affirm rather than swear when signing affidavits, deeds, or other closing documents.
The official administering the affirmation, usually a notary public, will adjust the wording of the statement accordingly. Regardless of the format chosen, the signer is still legally bound to tell the truth.
Key facts
| Category | Legal, Titles & Closing |
|---|---|
| Legal status | Identical in weight, validity, and penalty to a sworn oath |
| Commonly used by | Individuals with religious or ethical objections to taking oaths |
| Administered by | A notary public, court official, or other authorized person |
A homebuyer who prefers not to take a religious oath requests an affirmation from the notary public when signing their mortgage documents at closing.
Frequently asked questions
Do I need to explain why I want an affirmation instead of an oath?
No, you do not need to justify your choice; you can simply ask the notary or closing agent for an affirmation.
How does the wording of an affirmation differ from an oath?
Instead of saying "I swear to tell the truth, so help me God," you will typically say "I solemnly declare and affirm under penalty of perjury that..."