Home Selling in McKinney>Question Details

Markt63, Home Seller in McKinney, TX

Does a durable power of attorney, in real estate, override principle's signature?

Asked by Markt63, McKinney, TX Mon Aug 15, 2011

Help the community by answering this question:


A durable power of attorney must be specific with regard to real estate. Most title companies won't accept a general power, because it does not specifically state that you can buy, sell or encumber real property on behalf of the principal. They also can be so specific as to state that the particular property in question be called out on the POA.

Your question about what a principal wants and what the grantee wants should not be at odds. If the owner tells you he doesn't want to sell, but you have the power to sell, you may wind up with more trouble than you bargained for. I think that's the question you're asking: can you the holder of a general POA sell a property that you know the principal wants to keep.

My strong suggestion is for you to seek counsel about the legal aspects of it, financial advice on the tax aspects, and other family members for their guidance on what is best.
Web Reference: http://www.SumnerRealty.com
2 votes Thank Flag Link Wed Oct 5, 2011
I have an answer to your question but it is only my opinion. Of course, my opinion is worthless in regard to your question which is best put to an attorney who is qualified to give you an answer.
1 vote Thank Flag Link Mon Aug 15, 2011
As you can see we have all been trained well. Do consult an attorney for legal matters. Check with title companies...they usually have an attorney on staff that could advise you on this matter pro bono.
0 votes Thank Flag Link Mon Aug 15, 2011
Real estate questions? Ask an agent.

Legal questions? Ask an attorney.
Web Reference: http://www.phgbrokers.com
0 votes Thank Flag Link Mon Aug 15, 2011
Hello Mark. I alway recommend to my customers that when they have a legal question they should consult an attorney. When it comes to the law it seems to me that there aren't any standard questions. Your attorney will probably have more questions for you.

Good luck with that.

Nicole Marks Mason, Realtor
Web Reference: http://www.BuySellBoca.com
0 votes Thank Flag Link Mon Aug 15, 2011
Probably depends on the power of attorney and how it is written.
Best to consult the attorney who drew the document for you.
Web Reference: http://www.teamlynn.com
0 votes Thank Flag Link Mon Aug 15, 2011
Bruce Lynn, Real Estate Pro in Coppell, TX
You need to confer with an attorney POA's can vary with restrictions and limitations.

Lynn911 Dallas Realtor & Consultant, Credit Repair Advisor
The Michael Group - Dallas Business Journal Top Ranked Realtors
0 votes Thank Flag Link Mon Aug 15, 2011
Since you are asking a legal question, it's in your best interest to consult with an attorney...
0 votes Thank Flag Link Mon Aug 15, 2011
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