The Notary Who Also Sells the House
Tasha is a notary and also a licensed real estate agent. She represents the seller in a transaction and is also asked to notarize the seller's deed and the buyer's documents at the closing table. Tasha's broker tells her it is 'normal' for the agent to notarize. At the table, the seller asks Tasha to notarize her signature on a deed that transfers the property to a buyer Tasha introduced. Tasha's commission is active, and she has no financial interest in the buyer's side. She also has a side business advertising 'mobile notary - closings welcome - $150 per signing' on social media, where she uses the phrase 'Arizona Notary Public' and shows her seal.
1. Analyze whether Tasha may notarize the seller's deed given her role as the seller's agent.
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This is a conflict-of-interest problem. A notary may not perform a notarial act where the notary has a direct financial or beneficial interest in the transaction. As the seller's agent, Tasha has a direct financial interest in the sale closing - her commission depends on it. Notarizing the deed that effectuates the sale she is paid to complete is exactly the kind of interest that disqualifies her. The fact that she has no interest on the buyer's side does not cure it. She should decline to notarize the deed and arrange for an independent notary. She may still perform ministerial tasks that are not notarial acts, but she should not sign and seal as notary on documents in which she has a disqualifying interest.
2. Evaluate Tasha's advertising and fee practices against notary advertising restrictions.
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Advertising 'mobile notary - closings welcome' is generally permissible, but she must not imply she can perform acts she is disqualified from, and she must not misrepresent her authority. Using 'Arizona Notary Public' and showing her seal in advertising is generally acceptable if accurate and not misleading, but she should avoid implying official endorsement or special authority. Charging $150 per signing is a business decision, but she must not exceed any statutory fee limits for notarial acts themselves and must be clear about what the fee covers (travel, convenience) versus the notarial act. The bigger risk is advertising 'closings welcome' while being disqualified from notarizing documents in transactions where she is the agent; the advertisement should not invite conduct that creates conflicts.