Use of Power of Attorneys<\/b><\/p>\n
A Power of Attorney is a legal document that conveys legal authority upon a party to act on behalf of another party (the party granting the authority is the \u201cprincipal\u201d and the party receiving the authority is the \u201cagent\u201d).\u00a0 When a POA is used as part of a real estate transaction, it is frequently given only in connection with a particular transaction, usually naming the property address and folio number specifically. When a POA\u00a0 is used, it is recorded in the public records along with the Deed as part of the closing.\u00a0<\/span><\/p>\n The use of and protocols for POAs vary across different countries. We strongly recommend that sellers who may need to use a POA speak to an attorney and\/or the closing agent <\/span>as early in the sale process as possible<\/span><\/i> to understand the requirements on the use of POA in Florida,\u00a0 even in circumstances where a seller has the desire to sell a property and does not currently have a Purchase and Sale offer. The earlier the seller speaks to an attorney, the better, and the higher the chances that unnecessary delays are avoided.<\/span><\/p>\n In Florida, the execution of Powers of Attorney (POA) must be done under the same strict protocols as Warranty Deeds. Moreover, it is up to the Closing Agent to accept or reject the use of POAs in conveyance documents. Therefore, if a POA will be used, it is usually a best practice that a) the Warranty Deed and Closing Affidavit are executed in original, with the requirements stated above, and b) that if a POA is necessary for the execution of <\/span>other <\/span><\/i>closing documents, that the POA complies with the necessary requirements for execution. <\/span>If a POA is to be used, it is imperative that the seller receive written authorization for use of the POA from the closing agent and the buyers\u2019 lender, if applicable<\/i><\/b>.<\/b> Moreover, in transactions where a seller knows they will not be present for closing before a Purchase and Sale contract is executed, the seller may consider including language in the contract that reflects the use of a POA and\/or other acknowledgments of execution of documents by the seller at a different place than that of the closing.<\/span><\/p>\n