Texas Special or Limited Power of Attorney for Real Estate Purchase Transaction by Purchaser
About this form
The Special Power of Attorney for Real Estate Purchase Transaction by Purchaser allows an individual (the purchaser) to appoint an attorney-in-fact to handle the purchase of residential or commercial property on their behalf. This form is specifically tailored for real estate transactions and differs from general power of attorney forms by focusing primarily on real estate dealings, including signing necessary documents for completing a property acquisition. It is designed to facilitate the process while granting the appointed agent the authority to finalize the transaction in the purchaser's name.
What’s included in this form
- Parties involved: Identifies the purchaser and their appointed attorney-in-fact.
- Property description: Details the specific real estate being purchased.
- Powers granted: Specifies the authority delegated to the attorney-in-fact for executing related documents.
- Signature and notarization requirements: Stipulates the purchaser's signature and the need for notarization.
- Revocation clause: Details how and when the power of attorney can be revoked.
Common use cases
This form should be used when a purchaser is unable to attend a real estate closing in person and needs someone else to act on their behalf. Common scenarios include when the purchaser is out of state, has health issues, or simply wants to delegate the transaction to a qualified individual. It provides the necessary legal authority for the representative to execute all documents essential for completing the property purchase.
Who should use this form
- Individuals purchasing real estate but unable to be present at the closing.
- Purchasers who wish to assign a trusted person with the authority to handle transactions on their behalf.
- Parties involved in real estate deals that require legal representation and signing of necessary documents in their absence.
How to prepare this document
- Identify the parties: Enter the name and address of the purchaser and the appointed attorney-in-fact.
- Specify the property: Clearly describe the property being purchased, including its address and legal description.
- Grant authority: Outline the powers being delegated to the attorney-in-fact related to the real estate transaction.
- Sign and date: The purchaser must sign the form and indicate the date of signature.
- Notarization: Arrange for a notary public to witness the signing and complete the notarization section.
Notarization guidance
Notarization is required for this form to take effect. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session, available 24/7.
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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.
Common mistakes to avoid
- Failing to include a detailed property description, which can delay the transaction.
- Not getting the form notarized, leading to potential invalidation.
- Leaving out specific powers granted to the attorney-in-fact, which may cause confusion.
- Not updating the form if the purchaserâs situation changes or if a different representative is needed.
Main things to remember
- The Special Power of Attorney for Real Estate Purchase Transaction allows an individual to appoint someone else to handle their real estate transaction.
- This form is essential for purchasers unable to attend closing personally.
- In Texas, the form requires notarization for validity.
- Proper completion of the form ensures smooth handling of real estate transactions.
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FAQ
What Is a Special Power of Attorney?Also known as a limited power of attorney (LPOA), a special power of attorney allows an individual to give another person the ability to make certain legal or financial decisions on their behalf.
First, the legal answer is however long you set it up to last. If you set a date for a power of attorney to lapse, then it will last until that date. If you create a general power of attorney and set no date for which it will expire, it will last until you die or become incapacitated.
Limited. A limited power of attorney gives someone else the power to act in your stead for a very limited purpose. General. A general power of attorney is comprehensive and gives your attorney-in-fact all the powers and rights that you have yourself. Durable. Springing.
A limited power of attorney grants the representative that you choose (the agent or attorney-in-fact) the power to act on your behalf under limited circumstances.Under a general power of attorney, the agent or attorney-in-fact can do anything that you can do.
A Power of Attorney is a legal document that gives someone else the legal power to act on your behalf.A person does not have to be a lawyer to be appointed as an agent.
The short answer is YES, you may send someone in your place to close for you. A closing is essentially a signing of documents, documents drafted by both the closing attorney and your lender.
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.
A limited PoA, amongst other things, grants the PoA holder access and permission to execute trades/orders on your trading account, on your behalf. However, it does not allow the PoA holder to perform withdrawals requests or transfer of funds. All withdrawals must be requested by the authorized signatory of the account.
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