A Real Estate Power of Attorney form can ensure you don't lose the deal
whilst on vacation or physically unable to be present.
The form supplied on this page is for a specific property / transaction. We also supply a separate POA that can be used for the management of property on an ongoing basis.
These type of forms are both Special or Limited Power of Attorney forms inasmuch as they only deal with real estate.
It is always advisable to use a limited POA where possible, rather than a general power of attorney! Real estate matters can be perfectly handled with a limited real estate power of attorney form. You do not need to grant your Agent the broad powers as in a general power of attorney.
Note: If you appoint a person to handle your property affairs but you appoint a different person as your attorney in your General Power of Attorney, you may want to add a limitation on your General POA to exclude any real estate transactions.
For links to our other free POA templates and additional legal guidelines, please visit our POA Main Page
I, the undersigned
(Full legal name) ______________________________
(SS / Identity number) ______________________________ residing at
(Address) ____________________________________
do hereby nominate and appoint
(Full legal name) ________________________________
(SS / Identity number) ______________________________ residing at
(Address) ____________________________________
as my Attorney-In-Fact (Agent) with the power of delegation and substitution. My Agent shall have full power to be my lawful Attorney and Agent in my name, place and stead to:
OPTION 1 FOR BUYING A PROPERTY
Enter into any contract for the purchase, transfer and conveyance for the real estate property as described herein:
_______________________________________________
_______________________________________________
(Give complete details i.e. Lot no, portion no, address, county, state)
My Agent is authorized to agree to all terms and conditions as he shall deem proper and to pay
The sum of ______________ as instructed by me / The best price according to his judgment but limited to _____________ (delete the one not applicable)
OPTION 2 FOR SELLING A PROPERTY
Enter into any contract for the sale, transfer and conveyance for the real estate property as described herein:
_______________________________________________
_______________________________________________
(Give complete details i.e. Lot no, portion no, address, county, state)
My Agent is authorized to agree to all terms and conditions as he shall deem proper and to accept
The sum of ______________ as instructed by me / The best price according to his judgment but limited to _____________ (delete the one not applicable)
This Power of Attorney shall remain in effect until _________________20 ___ unless revoked by me at an earlier date.
Executed this ______ day of __________________20 ____
at ______________________________________
Signature: ________________________________
in the presence of the undersigned witnesses who hereby declare that to the best of their knowledge the Principal is of legal age and sound mind and not under duress or undue influence to execute this document:
WITNESS 1:
Full legal name _____________________ Signature _________________________
WITNESS 2:
Full legal name _____________________ Signature _________________________
Acknowledgement
This document was acknowledged before me on this ______day of ____________________20__ by ________________________(Principal's Full legal name)
Signature of Notary Public ______________________
Full legal Name ______________________________
My commission expires ________________________
State of ________________________ County of ______________________
Acceptance by Agent
The Agent hereby executes and so acknowledges and affirms his appointment as agent with full understanding of his duties as described herein and the governing laws thereto.
Full legal name _____________________ Signature _________________________
You are best advised to have this Power of Attorney form witnessed, as well as notarised by a Notary Public or Commissioner of Oaths. Do not sign the form beforehand. Everyone will sign in the presence of the official notarizing this power of attorney for real estate transactions.
Note: This document and any revocation of your power of attorney must be filed with the relevant government office i.e. County Clerk or Deeds Office.
This is not a durable power of attorney and will therefor be revoked should the principal become mentally incapacitated. It will also be invalidated automatically upon the death of the principal, whereafter any property affairs will be handled by the executor of the estate.
The power of attorney will also end once the specified real estate transactions have been concluded.
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