How does it work if you are buying a residence and the a POA is acting on behalf f the homeowners?

UPDATED: Sep 30, 2022

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How does it work if you are buying a residence and the a POA is acting on behalf f the homeowners?

The seller of record is a elderly coupe who have moved. The seller’s agent is now working with the couple’s daughter (allegedly), who possesses a different last name. The daughter claims to be Power of Attorney for her parents.
The daughter has signed the offer of acceptance. We are scheduling the closing with a national title company in 2 weeks. At what point in this process is the daughter required to produce the necessary legal documents to authorize her to sell the home and sign on behalf of her parents. And just what documentation is required? Is the POA enough?

Asked on December 24, 2015 under Real Estate Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Yes, a power of attorney would be enough, but you should have her produce immediately if possible; if not, she will have to produce it during the closing and a copy of the POA should be given to you as part of the closing papers, so that you have it if there are questions later.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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