Power of Attorney for Real Estate

Power of Attorney for Real Estate

A power of attorney for real estate is a simple legal document that allows you to give someone the authority to buy or sell real estate for you, or to conduct any other business involving real estate that you own. Use this form if:

  • you will be out of town or otherwise unavailable when important real-estate documents need to be signed
  • you will not be available to look after your real estate for a period of time
  • you live far away from property that you own and you want someone else to manage it in your absence

Note:  Do not use this form if you live in Louisiana, New York, or Pennsylvania, or if you want to create a durable power of attorney.

See below the form for a full product description.

 

Recording requested by
and when recorded mail to:

 


Power of Attorney for Real Estate

Grant of Authority

I, , of , appoint , of , to act in my place with respect to the real property described as follows: .

My attorney-in-fact may act for me in any manner to deal with all or any part of any interest in the real property described in this document, under such terms, conditions, and covenants as my attorney-in-fact deems proper. My attorney-in-fact's powers include but are not limited to the power to:
 
 
Multiple Selection: [limiting the powers granted to the agent]
Label Contract Text
option #1 Accept as a gift or as security for a loan, reject, demand, buy, lease, receive, or otherwise acquire ownership or possession of any estate or interest in real property.
option #2 Sell, exchange, convey with or without covenants, quitclaim, release, surrender, mortgage, encumber, partition or consent to the partitioning of, grant options concerning, lease, sublet, or otherwise dispose of any interest in the real property described in this document.
option #3 Maintain, repair, improve, insure, rent, lease, and pay or contest taxes or assessments on any estate or interest in the real property described in this document.
option #4

Prosecute, defend, intervene in, submit to arbitration, settle, and propose or accept a compromise with respect to any claim in favor of or against me based on or involving the real property described in this document.

Multiple Selection: [limitations on powers option]
Label Contract Text
 

However, my attorney-in-fact shall not have the power to: .

Multiple Selection: [additional powers option]
Label Contract Text
 

I further grant to my attorney-in-fact full authority to act in any manner both proper and necessary to the exercise of the foregoing powers, including , and I ratify every act that my attorney-in-fact may lawfully peform in exercising those powers.

Effective Date and Term

This power of attorney takes effect on , and shall continue until terminated in writing, or until , whichever comes first. In the event of my incapacity or death, this power of attorney shall terminate immediately.

I agree that any third party who receives a copy of this document may act under it.

Keep Together

Revocation of the power of attorney is not effective as to a third party until the third party has actual knowledge of the revocation. I agree to indemnify the third party for any claims that arise against the third party because of reliance on this power of attorney.

Principal's Signature

Signed this ______________ day of ____________________________________________.

State of _____________________________, County of _______________________.

 

__________________________________  

, Principal
 
Multiple Selection: [witness options]
Label Contract Text
witnesses will sign
Alternate Selection: [number of witnesses]
Label Contract Text
one witness

 

Witness's Signature

On the date written above, the principal declared to me that this instrument is his or her power of attorney for real estate and that he or she willingly executed it as a free and voluntary act. The principal signed this instrument in my presence.

Witness's Signature: ________________________________

Witness's Name:       ________________________________

Witness's Address:   ________________________________

two witnesses

 

Witnesses' Signatures

On the date written above, the principal declared to us that this instrument is his or her power of attorney for real estate and that he or she willingly executed it as a free and voluntary act. The principal signed this instrument in our presence.

Witness One

Witness's Signature: ________________________________

Witness's Name:       ________________________________

Witness's Address:   ________________________________

Witness Two

Witness's Signature: ________________________________

Witness's Name:       ________________________________

Witness's Address:   ________________________________

 
 
Page Break

 
 
Multiple Selection
Label Contract Text
attorney-in-fact will sign
Alternate Selection
Label Contract Text
Vermont acknowledgment 

 

Acknowledgment of Vermont Agent

 

I accept appointment as agent. I understand my duties under this power of attorney and under the law. I understand that I have a duty to act if expressly required to do so in the power of attorney consistent with subsection 3506(c) of Title 14 of the Vermont Statutes. I understand that I am expected to use my special skills or expertise on behalf of the principal, if the expectation that I do so is expressly provided for in the power of attorney consistent with subdivision 3505(a) of Title 14 of the Vermont Statutes.

Agent's Signature: ___________________________________
Agent's Name: 
Date: __________________

acknowledgment for all other states

 

 

Acknowledgment of Attorney-in-Fact

 

By accepting or acting under the appointment, I assume the fiduciary and other legal responsibilities and liabilities of an agent. I understand that I owe a duty of loyalty and good faith to the principal and must use the powers granted to me only for the benefit of the principal. I acknowledge that my authority to act on behalf of the principal ceases at the death of the principal.

Attorney-in-Fact's Signature: ___________________________________
Attorney-in-Fact's Name: 
Date: ___________________

 

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