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California Real Estate Power of Attorney Form

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California Real Estate Power of Attorney Form is a document that is generally used to select a knowledgeable real estate attorney, real estate agent or other qualified individual to oversee a real estate transaction on another person’s behalf – once an agreement has been reached and agreed to by the principal. This document may also be used by a principal to grant permission for the abaove named agent (s) to refinance the property for them.

This form will require that the principal complete, provide a signature and ensure that all witnessing signatories provide a signature in the presence of a notary public. The document may be revoked at any time in writing or by a provision of a new power of attorney for their real estate transactions.

Laws – § 4123(b)

How to Write

1 – Gather All Documents

Download or open this form using the appropriate image underneath the file image. You should also make sure that all reference material is kept handy as any properties listed must have its information reported precisely as it is recorded in the books.

2 – Supply The Identity and Location Of The Principal

Locate the space labeled “[Full Name],” then enter the Name of the Principal who will grant his or her Authority in Real Estate matters to an Agent.

Document the complete Address of the Principal on the space designated “[Street Address]”

Enter the Name of the City and the Name of the State on the spaces after “City of” and “State of.”

3 – Supply The Identity And Location Of The Attorney-in-Fact

Find the phrase “…hereby appoint,” then fill in the Name of the Agent or Attorney-in-Fact who will be granted Principal Power through the execution of this document.

On the next space, designated as “[Street Address],” enter the Attorney-in-Fact’s Residential Address.

The next two spaces, following “City of” and “State of,” will require the Attorney-in-Fact’s City and State.

4 – Specify The Attorney-in-Fact’s Principal Authority/Restrictions

Locate Article I, titled “Assignment of Authority.” This section will define the actions, disclosures, decision-making powers, and authority the Attorney-in-Fact will be entitled to (at the Principal’s discretion). These definitions will be divided into four categories, each of which will require Principal Approval. That is, if the Principal wishes the Attorney-in-Fact to have the Authority defined in one of these sections, he or she must initial the selection, mark the corresponding checkbox, then define the Property. A minimum of one and a maximum of four may be selected to empower the Attorney-in-Fact Principal Power.

The Principal may grant his or her Authority to the Agent when it comes to Purchasing Real Estate by finding the first definition, “Sale of Real Estate,” then initialing the corresponding blank space and mark the checkbox present. The first blank line in this paragraph will require the Address of the premises concerned while the second blank line will require its Legal Description

If the Attorney-in-Fact may Purchase Real Estate and perform the actions defined in the second definition, the Principal must initial and check the first definition. Additionally, the Address and Legal Description must be supplied in the two blank lines available.

The Principal may grant authority in Real Estate Management by initialing the third definition then marking the corresponding checkbox. This definition will also require the Address and Legal Description of the real property the Attorney-in-Fact may manage with Principal Authority

The Attorney-in-Fact may assume Principal Authority in Refinancing provided the Principal initials the last definition, marks the corresponding checkbox, fills in the Address of the concerned real estate on the first blank line, and fill in the legal description on the second blank line.

5 – Provide The Time Frame For the Attorney-in-Fact’s Principal Authority

The second Article, “Durable Power of Attorney,” will require a concrete definition to the Start Date and Termination Date in which the Attorney-in-Fact’s Principal Power will be active. Three choices have been provided. Select one of these definitions for the Period of Effect.

Select “a,” by providing the Principal’s Initials on the first blank space and marking the checkbox. This selection will name the Start Date as that of the Signature Date and will allow the Termination Date to be named, by the Principal, on the three blank spaces at the end of this statement. The Principal retains the right to revoke this authority at any time.

Select “b,” by having the Principal place his or her initials on the blank space and marking the checkbox preceding the words “Non-Durable Option.” This selection will name the Authority Effective Date as the Signature Date and will remain in effect until the Principal’s revocation, incapacity, or death.

Select “c,” by supplying Principal Initials on the corresponding blank line. The checkbox must also be marked. This selection will name the Start Date as the Signature Date. The authority will remain in effect until the Principal’s revocation or death.

6 – Notarizing Signature Parties

The sixth Article, “Revocation,” requires the Signature Date when the Principal and Agent Sign their Names. Provide the Calendar Day, Month, and Year of the Signature Date in their appropriate spaces.

The Principal must Sign and Print his or her Name on the line labeled “Principal’s Signature.”

The Agent must also Sign and Print his or her Name on the blank spaces following the expression “Agent’s Signature.”

Two Witnesses must be present at the time of Signing. This may be verified in “Affirmation by Witness 1” and “Affirmation by Witness 2.” One Witness must enter his or her Name on the first blank line, then Sign and Print his or her Name.

The next page is the Notary Acknowledgment page and may only be satisfied by the Notary Public present at this signing

The Agent must locate the last page of this document, titled “Acceptance by Agent,” then provide his or her Signature and Printed Name.


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