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South Dakota Real Estate Power of Attorney Form

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South Dakota Real Estate Power of Attorney Form is used to document the selection of an agent to oversee the duties involving a property owner’s real property. Here, the agent will be provided with a written and executed declaration proving his or her right to make decisions and engage in actions on behalf of the principal. Examples of activities the agent may engage in on behalf of the principal property owner include caring for, selling, closing, renting or leasing the concerned property. Both the principal and the agent will have to be sure they are on the same page with what abilities will be at the agent’s disposal and how the principal wishes him or her to wield the authority being delegated here. Once the document has been completed, all signatures must be witnessed by a notary public. The principal may revoke this document as they wish, by placing the notice in writing and having it delivered to the agent.

Laws§ 59-3-12 & § 44-8-2

How to Write

1 – To Confer Principal Real Estate Authority, Download This Form

The document presented in the picture on this page is downloadable using the buttons labeled “PDF,” “ODT,” and “Word” (referring to the file type). Download a copy for your use using any of these buttons.

2 – Produce The Requested Information For This Document’s Execution

The paragraph underneath the Title will seek several crucial pieces of information regarding the Principal conveying his or her Authority and the Attorney-in-Fact who shall wield this Authority. Each entity must have his or her Legal Name and Physical Address of Residence presented

The Principal’s Full Name, Address of Residence, City of Residence, and State of Residence should be furnished to the first four blank lines in this order. The next four available lines call for the Attorney-in-Fact’s Full Name and Address of Residence (Street Address, City, State) produced in the appropriate areas.

3 – Prepare The Power Descriptions For Principal Approval

The first article of this appointment is titled “Article I. Assignment Of Authority.” Several paragraphs detailing the types of business an Attorney-in-Fact may conduct on behalf of the Principal along with the actions the Attorney-in-Fact may take with a named property. The Principal will have to personally approve each paragraph that should be contained when defining the Attorney-in-Fact’s Principal Powers. This approval can only be provided when the Principal initials and checks the blank space and check box that precedes the relevant paragraph description. Each paragraph the Principal approves will require some information.

The “Sale Of Real Estate” paragraph supplies the language required to authorize the Attorney-in-Fact to arrange and execute the selling of Principal Real Estate. If the Principal will deliver this Power to the Attorney-in-Fact, then supply the Physical Address where the concerned Property is found on the line after “…Lands And Premises Located At.” In addition to the Physical Address, the Legal Description of the Property the Attorney-in-Fact may sell the Property must also be supplied to this paragraph on the blank space after the words “…Legal Description Of.” Once this is done, the Principal may initial the blank space that precedes the paragraph label and mark the checkbox. The next paragraph will deliver the ability to buy Real Estate on behalf of the Principal. If the Attorney-in-Fact should be appointed this type of Authority, furnish the Physical Address and Legal Description of this Property in the areas provided after the terms “…Lands And Premises Located At” and “…Legal Description” (respectively). Once this task is completed the Principal should initial the blank space then mark the check box that corresponds to the paragraph label “Purchase Of Real Estate.”If the Principal wishes to authorize the Attorney-in-Fact to manage Real Estate in his or her Name then produce the Physical Address and Legal Description of the Real Estate the Principal wishes to grant Power over to the first and second blank spaces in this paragraph. The Principal will need to initial and check this paragraph just before its title (“Management Of Real Estate”). The final paragraph will allow for the Attorney-in-Fact to refinance the Principal debts concerning a specific Real Estate. This Real Estate’s Physical Address must be supplied along with its Legal Description where requested in this paragraph. The Principal can initial and check the “Refinancing” paragraph.

4 – Define The Time Periods Involved

The next article requiring definition will seek the Principal’s definition as to when the Attorney-in-Fact should be able to wield Principal Power and when the Attorney-in-Fact’s Principal Powers will expire. Three choices have been presented naming this document’s Signature Date as the starting point of the Principal Powers’ lifetime. The Principal will have to determine how or when these Powers will terminate then initial the statement that best applies.

The Principal can designate a specific Termination Date in Statement “a.” If the Principal has such a Date in mind, it should be entered using the three blank lines in this statement. This choice will need to be initialed and check marked by the Principal for it to apply. If the Principal Powers should terminate upon the Principal becoming disabled or incapacitated, the Principal should initial and check Statement “b”

The Principal Powers in this document can be set as durable by only terminating upon the death or revocation of the Principal. To apply this status, the Principal should initial and check “c”

5 – Only The Principal Signature Can Put The Terms Of This Document In Motion

The Principal must sign this document in order to deliver the Real Estate Powers defined here to the Attorney-in-Fact. Such a signature must be Dated by the Principal using the last sentence in this appointment form. The Principal should sign his or her Name before two Witnesses. A Notary Public must also be present, so the Principal’s signing can be notarized. Next, to the Signature, the Principal must Print his or her NameThe Attorney-in-Fact must also provide his or her Name as a Signature and Printed on the two spaces provided.  The “Affirmation By Witness 1” and “Affirmation By Witness 2” statements will both need some minor preparation. Assign each Witness a paragraph by presenting his or her printed name on the blank line displayed. The Witness named here must sign and print the areas provided  The Notary Public serving this execution will have the “Notary Acknowledgment” section to fill out. Only he or she can notarize this document.


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