Legal Question in Real Estate Law in California

special power attorney rights

My dad asked for a full power of attorney to sell my house back in CA. I am afraid that he will take all the profit and run. He provided the downpayment but I had been paying for most of the mortgage payments for the last 2 yrs therefore i believe i should get some profit. What should I do to give him the right to sell my house but profit should go to me or better yet split it down the middle? I dont mind giving him most of the profit but I should get some too.


Asked on 9/28/05, 9:34 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: special power attorney rights

How about revoking the power of attorney and providing him with a new one limiting his powers to the right to negotiate and agree on a price. The escrow instruction should say that payment goes to you, and you should be the one to review them. Then you can negotiate whatever you want as compensation for your dad.

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Answered on 9/28/05, 10:10 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: special power attorney rights

this all depends on whether or not you have ACTUALLY given your father special power of attorney (POA) already, or if you are still deciding whether or not to do so. we would need to know these factual details first. if you have not given such POA, then you would be VERY wise to place conditions on it first, if you would like to go that route, i.e. perhaps granting him a very limited POA to simply put the transaction together, but NOT to receive all the proceeds from escrow. with a limited POA, you would have greater protection and could tailor the escrow instructions to deliver an agreed upon payment DIRECTLY to you, rather than waiting or hoping your father will be forthcoming in delivery of your proceeds if EVERYTHING goes to him thru escrow, instead of being divided accordingly between you two. if you have already given your father POA, you may want to have it revoked immediately and replaced with a limited version, as discussed here. if you would like SERIOUS legal assistance and/or direction in this VERY important matter, contact us today for a free consultation.

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Answered on 9/29/05, 7:02 am


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