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Real Estate Power of Attorney

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A Real Estate Power of Attorney is used to designate another individual to manage, acquire, mortgage (refinance), convey, or to sell as an agent (real estate broker/realtor) on behalf of the principal. The form may be used in a durable manner which means that if the person that is delegating the power, the ‘principal’, becomes in a vegetative state (incapacitated) then the attorney-in-fact selected is still able to carry out their duties.

By State

What is a Real Estate Power of Attorney?

It’s a document that enables an owner of real estate the ability to authorize another individual (known as an Agent) to perform a wide range of assignments on behalf of the Principal’s real estate. A Real Estate Power of Attorney can be tailored to allow the Agent to handle the Sale, Purchase, Management, Closing, or Refinancing of a Property.

A Real Estate Power of Attorney is also referred to as the following:

  • Real Estate POA, Power of Attorney for Real Estate

How to Use a Real Estate Power of Attorney

Select Powers

A Real Estate Power of Attorney can be used to give powers for single or multiple real estate transactions. A Real Estate Power of Attorney is also very useful when needing someone to manage your property. This could include signing lease agreements, negotiating rents, evicting tenants etc. As an example, a property owner could hire a property management company to rent out the property and keep up with the day-to-day maintenance. In doing so, the property owner would need to sign over a Real Estate Power of Attorney giving the property management company managing powers.

Defining the Term

Our Real Estate Power of Attorney has 3 different ways to go about setting the term. Typically if your Real Estate Power of Attorney is intended for a single transaction, you would not want the term of the agreement to last indefinitely, therefore you would select a beginning and end date. If you do not want the Real Estate Power of Attorney to be “Durable”, meaning that upon incapacitation, death, or revocation, your Real Estate Power of Attorney would be void, you have that option. Lastly, the 3rd option allows you to set the term indefinitely and it will only terminate upon death or revocation.

Signing

Once complete, your Real Estate Power of Attorney must be signed by both yourself and the agent. It varies state by state as to the Witness and Notary requirements but the safest way to go is to have 2 witnesses and a Notary sign your Real Estate Power of Attorney.

State Laws

  • AL – 
  • AK –
  • AZ – No Statute
  • AR – 
  • CA – 
  • CO – 
  • CT – 
  • DE –
  • FL – 
  • GA – 
  • HI – 
  • ID – 
  • IL – 
  • IN – § 30-5-5-2
  • IA – 
  • KS – 
  • KY – 
  • LA – No Statute
  • ME – 18-A §5-901 to 18-A §5-923
  • MD – 
  • MA – No Statute
  • MI – 
  • MN – 
  • MS – Section 204
  • MO – 
  • MT – 
  • NE – 
  • NV –
  • NH – 
  • NJ – Section 28
  • NM – 
  • NY – 
  • NC – 
  • ND – 
  • OH – 
  • OK – 
  • OR – 
  • PA – 
  • RI –  
  • SC – 
  • SD –  &
  • TN – 
  • TX – § 752.102
  • UT – No Statute
  • VT – 
  • VA – 
  • WA – 
  • WV – 
  • WI – 
  • WY – No Statute

How to Write

Step 1 – Enter the information of the individual that is handing power including their full name and street address. This party will be known as the ‘Principal’.

Next, enter the full name and address of the person that will be receiving the responsibility for the handling of the property known as the ‘Agent’.

Step 2 – In Article I, enter (by writing the Principal’s initials and checking the box) the assignment of authority which will allow the agent to have any or all of the following powers in regards to real estate:

  • Sell; To negotiate the sale and handle the closing on behalf of the owner of real property.
  • Purchase; To use funds provided by a buyer to make an offer and negotiate for real estate.
  • Manage Real Estate; To act as the owner and handle the day-to-day issues in terms of leasing, maintaining, and responsible for all expenses on the property.
  • Refinance.

Step 3 – In Article III the Principal must select the term from one of the following options by initializing and checking the respective box (Only 1):

  • In effect until a specific date or upon the death of the Principal;
  • In effect until the incapacity or death of the Principal;
  • In effect and only terminates upon the Principal’s death.

The form may also be terminated at any time by the Principal by authorizing a revocation.

Step 4 – In Article V, enter the State of governing law or simply the State where the property is located.

Step 5 – For authorization, depending on the State laws, the Principal and/or Agent must sign in the presence of a notary public or two (2) witnesses that are not related to the parties. All signatures must be done in this fashion including the Agent Certification on the last page of the document.



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