Legal Question in Real Estate Law in California
Need Power of Attorney?
My husband and I currently have a piece of investment property for sale. He must leave the country for 1 and a half months. If a buyer appears during the time he is out of the country, can I sell the property if we have signed a Power of Attorney form? If so, which form is needed, do we need it notarized and how many witnesses do we need? Thanks
2 Answers from Attorneys
Re: Need Power of Attorney?
See http://www.ilrg.com/forms/states/ca-powerofattorney.html . It must be notarized.
Re: Need Power of Attorney?
Yes, a power of attorney is the way to handle this.
The power of attorney may either be notarized or witnessed by two disinterested witnesses. You don't need both notarization and witnesses, one or the other will suffice.
As a practical matter, I recommend deciding which escrow company you would like to use, and discuss with an escrow officer their particular preferences for seller powers of attorney. While the legislature has tried to make the use of powers of attorney smooth and uniform, there are still occasional instances of unwillingness or reluctance to close a high-dollar deal based on a power of attorney that isn't "in house," and that possible problem can be overcome by discussing the form to be used with the escrow holder in advance.
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