Power of Attorney

Definition:

A Power of Attorney (POA) is a legal document that grants one person (the agent or attorney-in-fact) the authority to act on behalf of another person (the principal) in specific legal, financial, or personal matters. In real estate transactions, a POA can be used to allow someone else to sign documents or manage property on behalf of the principal.

🔍 Did You Know?
There are different types of powers of attorney, including durable, limited, and healthcare POAs, each providing varying levels of authority and remaining in effect for different durations.

Single family rental REITs will often give Limited Power of Attorney to partner brokerages to sign offers on their behalf to reduce the investor's manual work.

Examples:

Example 1:
A property owner is out of the country during a real estate transaction and grants power of attorney to their lawyer, allowing them to sign all necessary documents for the sale.

Example 2:
A homeowner becomes incapacitated, and their spouse uses a durable power of attorney to manage and sell the property on their behalf.

Why It’s Important:

A power of attorney provides flexibility and convenience for individuals who cannot manage their real estate affairs due to absence or incapacity. It ensures that legal and financial decisions can be made without delay.

Who Should Care:

  • Real estate investors who travel frequently or manage multiple properties.
  • Homeowners who want to ensure their real estate affairs are handled if they are unable to manage them.
  • Estate planners and attorneys assisting clients with property management.

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