What Is a Real Estate Power of Attorney?
A real estate power of attorney grants your chosen agent the legal authority to purchase, sell, or manage your real estate on your behalf. This agreement, sometimes called a power of attorney (POA) for property, enables you to manage your properties when you can’t act independently. Many people use this arrangement for real estate transactions or management operations.
Use Legal Templates’s free real estate power of attorney template to protect your property. We make it easy to select your agent and define their authority.
Real Estate Power of Attorney- By State
The legal requirements and language included in a real estate power of attorney must comply with state laws. Having the correct information and formatting ensures your document is enforceable. View Legal Templates’s state-specific forms for a compliant contract that meets your needs.
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Why Use a Real Estate POA?
Having an agent handle your real estate decisions can help in many cases. Consider using a power of attorney for property to help with the following situations:
- Vacation rentals: If you have a vacation rental far from your home, you may give a local agent power of attorney to handle contracts, payments, and management.
- Property management: Your named agent may manage your property if you cannot do so. This may help if you live far from your rental property or become incapacitated.
- Closing or selling houses: When closing or selling a home that’s far away, consider using a POA to handle the process via an agent. Ensure the title company and mortgage lender allow for signing through a power of attorney.
You can give a realtor power of attorney to manage your property or sales, but be careful to avoid a conflict of interest.
How to Write a Real Estate Power of Attorney
Writing a real estate power of attorney requires understanding your goals and the legal requirements. Create an effective real estate POA with the following steps:
- Provide principal and agent information: Note the principal’s and agent’s full legal names and addresses. If you are operating as a company, include the full business name in the document.
- List the covered properties: Record the address for each property covered in the agreement. Include any real estate that your agent will have control over.
- Give real estate authorities: Select the real estate authorities you want your agent to exercise. General powers include managing, buying, selling, or leasing properties.
- Grant financial powers: Add financial powers for your agent. This may include the authority to collect rent, finance properties, and negotiate contracts.
- Outline legal authorities: Also, give your agent the authority to handle legal issues. This may include solving disputes, managing insurance, and filing real estate taxes.
- Note the limitations: Define your agent’s limitations by marking any powers that don’t apply. You can also customize your document to leave specific instructions or terms.
- Set the timeframe: Since a real estate power of attorney operates as a temporary agreement, clearly define the timeframe. State the effective date, end date, or terms for revocation. Include whether it will operate as a durable or non-durable contract.
- Review and sign: Review your selected authorities and ensure your information is correct. Once satisfied, sign the agreement and fulfill any necessary filing or notarization requirements. In most cases, if you intend to sell or purchase property under the POA, you will be required to file or record the document with the county register of deeds office where the property is located.
Real Estate Power of Attorney Signing Requirements
Signing, witnessing, and notarization requirements vary depending on state laws. In addition, a power of attorney for property should be filed with the county recorder where the property is located. View the table below for more information regarding signing requirements in each state.
| STATE | REAL ESTATE SIGNING REQUIREMENTS |
|---|---|
| Alabama | Notary Public |
| Alaska | Notary Public |
| Arizona | Notary Public and One Witness |
| Arkansas | Notary Public |
| California | Notary Public or Two Witnesses |
Durability of Real Estate POAs
Power of attorney agreements can be durable or non-durable. In a non-durable contract, the agent loses authority if the principal becomes incapacitated. The durable arrangement allows the agent to maintain authority despite the principal’s incapacity.
Generally, a real estate power of attorney is a non-durable or limited contract. The terms may state that your agent only holds their authority until a named purpose, purchase, or sale is completed. Your POA can state that the agent’s powers end after it fulfills its express purpose. In some cases, a durable real estate POA allows an agent to manage the principal’s property while incapacitated.
Real Estate Power of Attorney Sample
View our free real estate power of attorney sample form for proper formatting and terms. Our customizable documents make it easy to add your preferred authorities and limits for your agent. Use our downloadable template, available in PDF & Word formats.
