Alabama Real Estate Power of Attorney Form

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Alabama Real Estate Power of Attorney is the paperwork allowing an individual or business entity that has title to real property to be able to use another party, known as the “Agent,” to sell, manage, or refinance it on their behalf. Due to the financial implications of the form, it may be required to have the form completed and signed before a notary public, and at the very least, two (2) witnesses.

The most common use of this document is to elect a real estate attorney to oversee a real estate closing after a purchase price has been agreed to by the owner. This form may also be used to elect someone else to conduct the negotiations on your behalf.

Laws§ 26-1A-204

Signing Requirements (§ 26-1A-105) – Notary Public

How to Write

1 – Downloading The Form

The buttons on the right, below the image, will each enable you to download the Alabama Real Estate Power of Attorney form. This form may be saved as a PDF, ODT, or Word file.

2 – Identify the Principal And The Agent

In the header area the full name of the Principal (owner of real estate) along with this entity’s Mailing Address.

This should be followed by the Full Name of the Agent (the recipient of the Principal’s Authority) accompanied by his or her Full Mailing Address.

3 – Define Authority Given

In Article I, Assignment of Authority, the Principal must Initial and check one (1) or all of the following items to state the powers they would like the Agent to hold.

If the Authority that is being granted will apply to the Sale of Real Estate statement. the Principal must provide his or her Initials on the blank space preceding it then mark the available checkbox. If selecting this, the Address of the applicable Location and the Legal Description of the Property at that Location must be provided using the two blank lines available. The Purchase of Real Estate statement will apply if the Principal Initials the first blank space and check the box following it. The next two blank spaces in this paragraph will require the Address of the Property the Agent may control and the Legal Description of that Property.
The Management of Real Estate statement may be selected with the Principal’s Initials supplied on the first blank space and marks the check box following it. Then, on the blank space following the term “…located at,” the Address of the Real Estate must be provided. Finally, the Legal Description of the Property must be supplied in the last blank space of this statement.
To select the Refinance of Real Estate statement, the Principal must Initial the first blank space, mark the checkbox, report the Property’s Address, and document the Legal Description in the appropriate areas.

4 – Set The Term Of Authority

In Article III the term of the real estate power of attorney must be established. The options are:

  • From a fixed start and end date. If choosing this, the Principal must specify the Date of Termination for the Power of Attorney being granted after Initialing the blank line and marking the checkbox.
  • For the Power of Authority to begin Immediately and only end upon incapacitation (non-durable), select the blank space labeled “b” and check the box in this statement. 
  • If the Principal wishes to grant Authority Immediately which will end only upon death by the Principal (durable), he or she must Initial the blank space then mark the checkbox.

5 – Finalize

The Principal and Agent should go to a branch bank or locate a notary public for signature. In some States, witness by two individuals, not related to either of the parties is acceptable. The form may be canceled at any time by the signing of a revocation form or by writing a new real estate power of attorney document.

The Signature Date must be recorded in the statement beginning with “In witness whereof…,” in Article VI.

The Principal Signature and Printed Name must be provided on the “Principal’s Signature” line.

The Agent Signature and Printed Name must be provided on the “Agent’s Signature” line.

The “Affirmation By Witness 1” (and Witness 2) will accept a Name, Signature, and Printed Name of a Witness to this Signing. Two areas have been provided so each Witness will have a unique statement to present his or her testimony.

The Signatures that appear on this document must be provided in the presence of a Notary Public. There will be an additional page, reserved for this entity to note the Day, Location, Parties, Present then, Notarize this form.

Finally, the Agent must read the Acceptance Statement then provide his or her Signature and Printed Name on the last page.