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Vermont Real Estate Power of Attorney Form

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Vermont Real Estate Power of Attorney Form is a document utilized to elect an agent to care for, sell, manage, or transact business on behalf of a principal property owner. The principal will elect the agent when he or she executes this paperwork and the agent will use it as proof that he or she is acting as the principal’s representative. Such proof is typically a requirement of such principal intentions since the principal will usually be absent at the time. The execution for this document will need to be witnessed and notarized in order for it to be considered a valid authorization of the agent’s use of the principal powers it details. Naturally, the principal retains the ability to revoke the authority delegated through this paperwork by simply issuing a written revocation to the agent and all concerned parties.

Laws – 27 V.S.A. § 305

How to Write

1 – The Vermont Real Estate Appointment

The document this page provides acts as a written tool to assign an Attorney-in-Fact with Real Estate Powers. Download a copy using any of the buttons used to caption the preview image.

2 – Supply Information To The Principal’s Declaration And Delegation Statements

The first requirement that must be satisfied for this delegation paperwork to apply is located on the first page. Find the empty line at the beginning of the first paragraph. It is after the words “…These Presents That I.” Document the Grantor of Power’s Legal Name on this line. This individual, the Principal, will empower the next person named here with the same Principal Authority he or she holds to the Attorney-in-Fact.

Produce the Attorney-in-Fact’s Full Name on the blank space presented after the phrase “…Do Hereby Appoint.”

The next section of this delegation, “Initial And Check The Box(es) That Apply,” has several parts the Principal must choose. Each will deliver the same Authority it defines to the Attorney-in-Fact the Principal holds. The Principal must initial and check the option he or she wishes to apply to the Attorney-in-Fact. If it requires additional information, that information must be supplied. The Principal can initial and thereby deliver as many of these Powers he or she feels appropriate.

The first type of Principal Authority, the Power to Sell Property, is titled “Option 1 – For The Sale Of Property” will grant the Attorney-in-Fact the ability to Sell Property in the Principal’s Name and will include several descriptions of actions the Attorney-in-Fact may take if initialed (i.e. modifying/delivering contracts, deeds, affidavits, certificates, etc.). The Principal will have to initial the blank space at the beginning of this description to enable the Attorney-in-Fact to perform these actions in his or her Name with the Property listed. You must record the Legal Physical Address and/or Description of the Property on the blank line below the words “…Address Of Or Identified As.”

The Principal can allow the Attorney-in-Fact the right to Buy or Obtain Real Property on behalf of the Principal. This ability will be addressed in “Option 2 – For The Acquisition Of Property.” This type of Principal Power will also include several abilities defined in the paragraph for this option. If the Principal wishes to appoint the Attorney-in-Fact with the Principal Authority to perform the actions described here, then he or she must initial the blank space and check the box associated with this option. This Power description will also require the Legal Address and/or Legal Description of the Real Property in question reported. A blank line has been presented within its contents, so you may furnish this information.

The Principal will also be able to delegate the Authority and Power to Refinance a Property using Principal Powers. To designate this Power to the Attorney-in-Fact, the Principal will have to initial and check “Option 3 – For Refinancing Mortgages.” In addition to these Principal items, this option must have the Real Property’s Legal Address and Description supplied in the space provided.

The next few sections of this document will list provisions the Principal will have to decide on. The Principal should initial the sections that should apply to this appointment of Principal Authority. Some sections will require additional information such as “Section 2. Term.” The blank space supplied in this statement will require the Date the Principal wishes the delegated Authority to Expire or Terminate. Section 3 will set the Powers here as DurableSection 4 will allow the Attorney-in-Fact to delegate these Powers to third parties if the Principal initials and checks it Section 5 gives the Agent the right to Give/Transfer Gifts in his or her Name (but will require the Principal’s initials supplied on both the blank space preceding and within this section) Section 6 will name the “Skills And Expertise Of Agent” as the reason for selecting the Attorney-in-Fact named above. Note: If the Principal initials and checks “Section 6. Skills And Expertise Of Agent” then he or she should supply a description of these special skills. This section will also require the Principal’s initials on the blank space within it.

3 – The Principal Signature Must Be Substantiated Through Witness ANd Notary Action

This list of Principal Powers will conclude with a statement regarding the Principal’s Signature Date. This document must be signed by the Principal named in the first paragraph so that it will become Effective. The Signature Date is the Calendar Date this document’s appointment starts. The Principal should supply this Calendar Date to the three blank spaces in the statement beginning with “In Witness Whereof…”

After the Signature Date has been supplied to the above statement, the Principal should sign the blank line placed below the word Principal then, print his or her Name on the line below it.

The “Acknowledgement By Principal” column on the right can only be satisfied by the Notary Public who must notarize this signing. Only he or she can supply the information and credentials it requests.

The final section, “Acceptance By Agent,” states the Attorney-in-Fact understands his or her role in this paperwork and accepts the responsibilities being placed on him or her. There will be a line labeled “Date” and “Agent” below this statement that calls for the Signature Date and Signature of the Attorney-in-Fact (respectively).


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