Law & Legal & Attorney Government & administrative Law

Power Of Attorney For Real Estate

Power of attorney for real estate is usually a special or limited attorney so that the power that they do have is not as broad as a general agent would have. A real estate attorney can be used for a very specific deal that needs to be completed, such as a specific one time transaction while you are in a situation that you can not handle it. This can include when you are not physically present to complete the transaction. However, it can also be used to complete transaction within a portfolio too on certain property as well. This can be on going with specific references to certain dealings that should be handled.

Typically when completing a real estate power of attorney form, this form must be filed with the local government. This can include the County Clerk's office of the Deed's Office in your state. This is different than other power of attorney forms that do not need to be filed in this way. A real estate attorney granting must be filed with the state and if you decide to revoke the power at any time, the revocation must also be filed with the same office in your state. Both of these documents will need to be notarized for them to be considered official.

With this type of limited power, there should be a termination date within the document. The termination date can be for a year or two or more, depending on what is needed. The termination date can also be for when a specific transaction is completed or when you will be back and can handle the transactions yourself again.

Also, keep in mind that when you have given power to a person to handle your property regularly and on going, accounting records can be expected to be provided periodically. You will set up how often those records should be turned in, such as once a month or every three months, and who they should be turned into. They can be turned into you or they can be turned into another person if you are not available.

You will need a real estate power of attorney form for a single transaction or for an on going basis of handling the property or properties. There are also general real estate power of attorney forms as well to use, depending on the situation and what you need.

Remember, no matter who you choose to handle the property, ensure that it is a person or organization that will have your best interest in mind, as well as covering what you do and do not want, to ensure there are no problems later on.
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