Cash Sale Deed With Power Of Attorney
Description
How to fill out Louisiana Act Of Cash Sale Without Warranty?
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FAQ
Is property sale through power of attorney legal? In 2011, the Supreme Court ruled that property sale through power of attorney (PoA) is illegal and only registered sale deeds provide any legal holding to property transactions.
This is an original record of a sale of property made by a notary. It is used for transactions that do not involve a Broker and where the Buyer is either paying cash (as in this example) or where the Seller is financing the purchase with a promissory note, secured by deed of trust or a first mortgage.
If the Power of Attorney holder is following all the legal procedures then he cannot be barred by law from selling the property to himself. In this case, he sells the property on the behalf of his Principal using the Power of Attorney and buys it as a buyer.
To summarise, the law holds that a power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property but any genuine transaction carried out through General Power of Attorney is considered valid under the law.
Those appointed under a Lasting Power of Attorney (LPA) can sell property on behalf the person who appointed them, provided there are no restrictions set out in the LPA. You can sell your mother's house as you and your sister were both appointed to act jointly and severally.