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Maine Real Estate Power of Attorney Form

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Maine Real Estate Power of Attorney Form is a template where a Principal will appoint an Agent who will act as his or her representative with real estate matters. This document, generally, provides written permission for a real estate attorney to handle the closing of a real property sale. It can also be used for the election of an individual (real estate agent or an attorney) to do real estate business on behalf of the Principal. Once the document is completed, it will then be a requirement that two witnesses be available to provide their examination of the document and apply their signatures to the form. When all signatures have been submitted, a notary must acknowledge the signatures on the document.

Laws§ 5-934

How to Write

1 – You Will Need To Open The Form On This Page To Issue Powers In Real Estate

Three buttons have been provided on this page (“PDF,” “ODT,” and “Word”). Click on the button matching the file type compatible with the software you will use. You may also simply view and print this file once you open it with any form-friendly web browsers.

2 – The Statement of Declaration Requires Some Important Information

The Identity and the Location of the parties involved in this designation of Power must be clearly documented. To begin, locate the first blank space labeled “Full Name.” Enter the Principal’s Legal Name on this line. The Principal will issue his or her Authority to an Agent using this document. On the second empty space in this statement, enter the Street Address of the Principal. This should be composed of the Building Number/Street/Unit Number of the Principal’s Residence. The next two blank spaces will round out this report of the Principal’s Residence. Enter the City then the State where the Principal’s Residential Address is located. It will also be mandatory (for the purpose of this issuance) to record the Agent’s Legal Name. This should be done on the blank space after the word “appoint” labeled “Full Name.”The Street Address of the Agent will also need to be documented. Do this by entering the Street Address of the Agent on the next blank space, then the Agent’s City and State on the next two spaces. This should be the Residential Address of the Agent.

3 – The Exact Delegations Of Real Estate Powers Must Be Made With Direct Approval Of The Principal

The section “Assignment of Authority” delivers a list of general Power statements, each of which will describe what an Agent or Attorney-in-Fact is approved of doing when he or she wields Principal Power. To approve of the designation of such Authority to an Agent, the Principal will need to initial the appropriate statement, place a check mark or “x” in the checkbox, and record some information to identify the Real Property the Agent may act upon.

The actions defining the first paragraph will all fall under the general subject of “Sale of Real Estate.” If the Principal wants to grant his or her Approval for the Agent to pursue any of the actions defined here, he or she must initial the blank space preceding the checkbox then mark the checkbox. This should be followed by the Physical Address of the Property entered on the first blank line in this statement. On the second blank line of this statement, report this Property’s Legal Description. The Property defined here will be the Property the Agent may use Principal Authority to carry out the defined actions upon.

If the Principal wishes to grant the Agent the ability to “Purchase Real Estate” in his or her Name with his or her Approval, then he or she should initial the second statement. Additionally, mark the checkbox present (before the words “Purchase of Real Estate”). The Physical Address and Legal Description of the Property the Agent may utilize Principal Authority over should be reported on the second and blank lines of this statement (respectively).

The third paragraph of Real Estate Power will give a description of the Management Powers the Principal’s Agent may use in his or her Name. To grant such an Authority to the Agent the Principal must initial the blank space and mark the checkbox preceding the words “Management of Real Estate” The Address and Legal Description of the Property the Agent is authorized to wield Principal Power with. The last paragraph description will describe the “Refinancing” decisions and actions the Agent may engage in on behalf of the Principal with Principal Authority. The Powers defined here may be used by the Agent if the Principal initials the space and marks the checkbox corresponding to the word “Refinancing.” This statement will also require the Address and Legal description of the concerned Property.4 – The Principal Must Define How Long The Attorney-in-Fact Will Retain Principal Power

By default, the Powers defined and granted in this form to the Agent will begin upon its Signature, however, you will need to define when such Authority terminates. That is when will the Attorney-in-Fact no longer be able to wield Principal Power.

If the Attorney-in-Fact’s Principal Authority will end on a specific Date, the Principal will need to initial Choice “a.” The checkbox present will also need to be marked. Finally, make sure to report the last Calendar Date when the Attorney-in-Fact’s Principal Powers should be considered approved by the Principal and therefore in effect. The Principal should initial Choice “b” and mark the box if the Principal Authority delegated to the Attorney-in-Fact will terminate the moment the Principal revokes it, is declared incapacitated, or declared dead. If the only terminations to this Authority are the Principal’s Revocation or Death, the Principal will need to initial Choice “c” and fill in the box provided.

5 – The Principal Will Simultaneously Revoke Previous Conflicting Authority With This Document’s Execution

Locate Article VI. Here, the Principal must fill in the Signature Date using the first three blank lines. On the line beginning with the words “Principal’s Signature,” The Principal must sign his or her Name. Adjacent to this, the Principal must Print his or her Name.

The next two statements “Affirmation by Witness 1” and “Affirmation by Witness 2” are both supplied so two Witnesses may testify as to the validity of the Principal’s Signature. Three items will be needed and may be supplied using the three blank spaces provided. Only one Witness may provide fill out one of these sections. Both sections must be filled out with the Printed Name of that section’s Signature Witness on the blank space in the paragraph, the Signature of the Witness below the statement, and the Printed Name of the Principal below the Principal’s Signature. The Attorney-in-Fact will also need to sign this form. He or she must sign the blank space labeled “Agent’s Signature” then provide his or her Printed Name on the adjacent blank space.

The Notary Public in attendance will produce several items for the final area then, supply the Notarization Seal. 


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