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Massachusetts Real Estate Power of Attorney Form

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Massachusetts Real Estate Power of Attorney Form is a document that is to be used by a principal to select an agent to work on behalf of the principal with the sale, closing, refinancing, and/or management of the principal’s real estate.  In order for this paperwork to be taken seriously, its executing signature must be adequately substantiated. Thus, two witnesses and a notary public will be required to be present so they may witness the principal act of signing. The witnesses will be the final party to sign this document before it is notarized. This form may be revoked by written notification to the agent.

Laws – Section 5-502

How to Write

1 – The Real Estate Authority Designation Template Should Be Opened Here

This template or form may be opened here, on this page. You will need a software program capable of opening and editing a PDF, Word, or ODT file to work onscreen and edit this form or you may simply print this form using a form friendly browser to open it. Regardless, it is generally recommended to download a copy for your records.

2 – Each Party Participating In This Real Estate Authority Delegation Must Be Identified

It will be crucial to the proper execution and future use of this delegation of Authority to properly define precisely who is granting power to whom. The Principal will be the individual who will grant Authority while the Agent or Attorney-in-Fact will be the individual who will assume and accept such Authority. The first statement will clearly define these individuals.

Enter the Full and Legal Name of the Principal on the first blank space. Enter the Building Number, Street Name, and Apt Number (if applicable) where the Principal lives on the second blank space in this statement.

On the third blank space, report the City where the Principal lives. On the fourth blank space, enter the State where the Principal lives. The next area of this statement shall be marked with the words “hereby appoint.” Use the space directly following this phrase to report the Full and Legal Name of the Attorney-in-Fact or Agent.

The next blank space, labeled “Street Address,” will require the Building Number, Street Name, and Unit Number where the Attorney-in-Fact or Agent lives. The next two empty spaces, following the words “City of” and “State of,” will require the City and State where the Attorney-in-Fact lives.

3 – The Principal Must Approve Of The Agent’s Actions

The next part of this form will provide a list of what actions and decisions the Agent may take when approved by the Principal and empowered to do so. This will be presented neatly across four general topics concerning Real Estate. The Principal will need to read each statement then, determine if the Attorney-in-Fact should be granted such power. If so, the Principal will need to check the blank space preceding the Power Description then mark the check box. Once he or she has verified the intent to grant such power, through these actions, the concerned Property’s Address and Legal Description must be provided in the applicable statement.

The first statement will be labeled “Sale of Real Estate,” and will define all the Selling Actions and Decisions the Attorney-in-Fact will be able to make on behalf of the Principal if the Principal initials the blank space preceding the paragraph description and marks the check box. If the Principal takes these actions, he or she must enter the Physical Address of the Property he or she approves the Attorney-in-Fact using Principal Authority with along with the Legal Description of this Property in the appropriate spaces. The “Purchase of Real Estate” paragraph description will provide a list of Actions/Decisions the Attorney-in-Fact may take on behalf of the Principal in terms of buying Real Estate. The Principal will need to initial the blank space corresponding to the words “Purchase of Real Estate” and mark the check box if he or she wishes to confer these Principal Powers to the Attorney-in-Fact. This statement will also require the Physical Address and the Legal Description of the Property the Agent may act upon. The third paragraph description, “Management of Real Estate,” will go define the Management Powers the Attorney-in-Fact may exert when using Principal Authority. The Principal will grant all the Powers in this statement once he or she initials the bank line and marks the check box just before the words “Management of Real Estate.” If this action is taken by the Principal, the Physical Address and the Legal Description of the Property the Agent may act upon with these Powers must be recorded on the two blank spaces in this statement. The last paragraph description in this section will define how the Agent may Refinance the Principal’s Real Estate if the Principal initials the empty space and marks the check box just before the word “Refinancing.” Make sure to specify which Property the Attorney-in-Fact or Agent may act upon by entering its Physical Address and Legal Description on the appropriate blank spaces in this selection.

4 – When The Attorney-in-Fact Is Allowed To Use Principal Power Must Be Defined.

The next task requiring our attention will be to define the Term or Period when the Principal Authority assigned in this form will terminate. Generally speaking, this form’s Effect of delivering Principal Authority to the Agent will occur once the Principal signs this document. Defining when it will terminate will need to be established. This will also be done through the Principal’s initials and check mark. Go through the list in Article III.

The first choice, marked “a,” will automatically Terminate the Powers conferred to the Agent by the Principal on a specific Date. If the Principal believes this is the best choice for his or her purposes, then he or she must initial the blank space after the letter “a,” then enter the Date of Termination using the three spaces provided in this statement. If the Principal wishes this Authority to remain in effect unless he or she is incapacitated or rendered severely disabled then, he or she should initial the blank space after the letter “b” and mark the check box. If the Principal wishes this delegation to remain valid until he or she issues a written revocation, the Principal will need to initial the blank space just after the letter “c” and mark the check box.

5 – Every Signature Party Must Participate In This Form’s Execution

The next Article shall execute this document by Principal Signature. The Principal will need to enter his or her Signature Date on the blank spaces in the statement below the words “Article VI. Revocation.”

The Principal must sign this document then dated using the blank spaces after the words “Principal’s Signature.”The Attorney-in-Fact or Agent will also need to sign and date this form by providing these items on the blank spaces after the words “Agent’s Signature.”

There will be two additional statements below this. In “Affirmation by Witness 1,” one of the people who have seen the Principal and the Agent sign and date the above lines, must enter his or her name in the first blank space of this section. Then, on the second and third blank spaces, the Witness must sign and print his or her Name. These actions will be repeated by the other Witness in “Affirmation by Witness 2.”

The next page may only be utilized by the Notary Public for the purpose of notarizing the above signatures. The last page shall provide the required language for the Attorney-in-Fact or Agent to formally accept this delegation of Principal Power. He or she will merely need to read the “Acceptance by Agent” statement, then sign and print his or her Name.


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