A real estate power of attorney form is a legal document drafted by a person to give someone else the authority to buy, sell or conduct business involving real estate that you own. This document is also known as power of attorney for real estate, power of attorney for property and power of attorney for sale of real estate.
With a real estate power of attorney form, the PRINCIPAL – person giving real estate power of attorney – appoints the ATTORNEY-IN-FACT – the agent receiving real estate power of attorney – to take care of specific responsibilities defined by the principal and set forth in the real estate POA.
Real estate power of attorney is a type of special or limited power of attorney. Real estate POA’s are narrow in focus and are not nearly as broad as a general power of attorney. With a real estate power of attorney form, the principal can set as many distinct duties or actions with respect to the selling, purchase or maintenance of the property as needed to clearly define the responsibilities of the agent.
Create a Real Estate Power of Attorney
Real estate power of attorney is used to give a person that you trust the authority to perform explicit transactions or obligations that you are unable to complete yourself. Get a real estate power of attorney form when you need someone else to buy or sell property; collect or pay rent; pay taxes or mortgage; sign leases, deeds, assignments, releases, etc; and many other duties involving your real property, for you.
A real estate power of attorney form is most useful when you need someone else to step in and take care of your property in case, for whatever reason, you can’t.
For example, you own a condo in Florida and live out of state. You can give real estate power of attorney to a local agent to manage your property for you. List the specific powers granted by you and agreed to by your agent in the real estate POA. The agent is contractually bound and obligated to manage your affairs in your absence. Make sure that you appoint an agent that you trust completely – your agent will be a virtual clone of you!
How to Fill Out a Real Estate Power of Attorney Form
To fill out a real estate power of attorney form, you start with the full legal name of the PRINCIPAL – the person granting power of attorney for real estate. Then, enter the full legal name and address of the ATTORNEY-IN-FACT – the agent receiving real estate power of attorney.
After the agent’s information is entered in your real estate POA form, the PRINCIPAL lists all of the specific duties required in the POA. It is crucial that the PRINCIPAL be as explicit as possible here to help curtail any future misunderstanding or dispute.
Next, the real estate power of attorney form is dated and your location information is entered. The PRINCIPAL and ATTORNEY-IN-FACT both sign and date the real estate power of attorney form in the presence of the notary public.
Finally, the notary signs and seals the form, executing your real estate power of attorney. Once signed and sealed by the notary, your real estate POA is valid. Make sure to give a copy to your agent and keep your original document in a safe place where it can be easily found.
Sample Real Estate Power of Attorney Form
Our sample POA forms are displayed online with all the information needed to draft your own real estate power of attorney form. Feel free to cut and paste our real estate POA form to a word document or PDF and change it to fit your needs. Feel free to add or exclude any information to the form needed.
KNOW ALL MEN BY THESE PRESENTS, that I, __________________________, do hereby constitute and appoint __________________________, whose address is __________________________, my true and lawful attorney for me, in my stead and on my behalf, to do all things as I might if personally present, to wit:
(1) To sell, transfer, mortgage, rent or lease certain property more fully described as follows:
More commonly known as: ________________________________________________________________(specific duties).
For such price and on such terms and conditions as he/she shall deem proper.
(2) To act for me and execute all documents, including but not limited to deeds, land contracts, leases, settlement papers, purchase agreements and all other related documents necessary for the purpose of said property.
(3) Giving and granting unto my said attorney full power an authority to do and perform all and every act and thing whatsoever to all intents and purposes requisite and necessary to be done in and about the premises as fully as I might or could do if personally present, and hereby ratify and confirm all that my said attorney shall lawfully do or cause to be done by virtue of these presents.
Signed in the presence of:
State of ______________________
County of _____________________
On this ______ day of ___________ before me personally appeared _____________________ to me known to be the person(s) described herein and who executed the foregoing instrument and acknowledged that she executed the same to be her free act and deed.
My Commission Expires:
Do I Need a Lawyer for Real Estate Power of Attorney?
You don’t need a lawyer to create a real estate power of attorney form. You can create a real estate power of attorney easily with documents on the Internet. Just download and print a real estate POA form online and complete the document yourself. That’s all there is to it.
However, if you have specific issues that need to be addressed and you don’t know how to do it, a generic real estate power of attorney form is not going to be the desired route for you. If you do not know exactly what to do, we highly suggest that you consult a licensed attorney before you try to draft your own real estate power of attorney form.