Special Power of Attorney for the Sale of Real Estate
Question: My brother is taking a two-year sabbatical for a mission to Africa and wants to give me a power of attorney to hire a real estate broker to sell his Chandler home. Do we need a power of attorney? If so, how do we get a power of attorney?
Answer: In this internet age, I question whether your brother needs to give you a power of attorney. If your brother still wants to give you a power of attorney, I would recommend a special power of attorney. A special power of attorney is limited to authorizing the sale of a specific asset such as this Chandler home. (On the other hand, a general power of attorney would give you control over all of your brother’s personal and real property.) This special power of attorney must meet the requirements of the title company that will insure the title for any buyer, so I would suggest that you contact the title company that will be used for the sale of your brother’s Chandler home to get a special power of attorney form approved by that title company.
Note: Although you can get forms for a power of attorney online, or at a stationery store, many of these forms do not have language generally required by a title company, e.g., the requirement that the power of attorney specify the method of terminating the power of attorney.