Texas Special or Limited Power of Attorney for Real Estate Sales Transaction By Seller
Understanding this form
The Special or Limited Power of Attorney for Real Estate Sales Transaction by Seller allows a property seller to designate an attorney-in-fact. This individual is empowered to handle all necessary tasks for the sale, including signing documents and managing transactions on behalf of the seller. Unlike a general power of attorney, this form is specifically tailored for real estate sales, ensuring legal authority is granted solely for this purpose.
Form components explained
- Identification of the seller and the appointed attorney-in-fact.
- Details about the specific property being sold.
- Authority granted to the attorney-in-fact to execute necessary documents.
- Ratification clause confirming the actions taken by the attorney-in-fact.
- Signature block for the seller and notarization requirements.
When to use this form
This form should be used when a seller needs to authorize another individual to manage the sale of a property. It is particularly useful in situations where the seller cannot be present to handle the transaction personally, such as when they are out of state or unable to attend closing meetings due to personal or professional commitments.
Who should use this form
- Property sellers who wish to delegate responsibilities in a real estate transaction.
- Individuals who may be unable to oversee the sale process personally.
- Anyone looking to streamline the sale of real estate through a trusted representative.
How to complete this form
- Fill in your name, address, and contact details in the designated sections.
- Specify the name and address of the attorney-in-fact you are appointing.
- Provide the legal description and address of the property being sold.
- Sign and date the document in the specified location to validate the power of attorney.
- Have the form notarized to ensure it is legally binding.
Notarization guidance
To make this form legally binding, it must be notarized. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Mistakes to watch out for
- Failing to include all required information about the property being sold.
- Not designating an attorney-in-fact properly or using an invalid name.
- Neglecting to sign the document or have it notarized where required.
- Inaccurate completion of the date or any descriptions in the form.
Key takeaways
- The Special or Limited Power of Attorney is essential for sellers who cannot attend real estate transactions.
- This form empowers a designated person to act on your behalf specifically for the sale of a property.
- Complete the form accurately, and ensure it is notarized for legal validity.
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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.
What's the difference between durable and general power of attorney? A general power of attorney ends the moment you become incapacitated.A durable power of attorney stays effective until the principle dies or until they act to revoke the power they've granted to their agent.
The durable power of attorney is almost always required. This instrument gives another person specific powers to sign for an individual in a real estate transaction where the exact name and description of the property is stated in the document.
The non-durable power of attorney is used only for a set period of time and usually for a particular transaction in which you grant your agent authority to act on your behalf. Once the transaction is completed, or should the principal become incapacitated during this time, the non-durable power of attorney ceases.
Step 1: Bring Your Power of Attorney Agreement and ID. Step 2: Determine the Preferred Signature Format. Step 3: Sign as the Principal. Step 4: Sign Your Own Name. Step 5: Express Your Authority as Attorney-in-Fact. Step 6: File the Documentation Somewhere Safe.
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.
General Power of Attorney. Durable Power of Attorney. Special or Limited Power of Attorney. Springing Durable Power of Attorney.
Section 489 of the TEXAS PROBATE CODE actually requires recording of the Power of Attorney when it is durable and the durability feature is being relied on in the transaction.
