A Listing Agreement Essentially Gives The Real Estate Agent A Power Of Attorney

A power of attorney is a document by which an owner (captain) appoints another person (agent) to act for the owner. It is used when the owner lives, but is not able to act for himself. Don`t confuse the use of the word “agent” with a real estate agent. The agent mentioned in the power of attorney is usually a relative, relative or someone who has a position of trust with the client. Elizabeth Feather and James Goldsmith are lawyers at Caldwell-Kearns, who is the advisor to PAR. A significant portion of their practice is devoted to advising and advising real estate licensees and representing and defending real estate sellers and brokers in civil suits and licensing applications throughout the Commonwealth. Ms. Feather also advises clients on estate planning and estate administration matters.Mr. Goldsmith regularly advises employers on employee relationship issues.

Ms. Feather and Mr. Goldsmith are two of the voices of the PAR Legal Hotline. The documentation required for the representative of an estate is called a short certificate. It is given by the register of wills and indicates the representative (s) of the estate, which has the power to list the property. Like the power of attorney, if more than one representative is appointed, everyone must make the decisions and sign documents. Fees to have your business, to obtain a power of attorney for a foreign person interested in listing a Stateside real estate, and to appoint a state representative so that it can be recognized by local Enbassy sellers. If an executor or other non-owner asks you to list a property, your task is to obtain a copy of the appropriate documentation before taking another action. You can`t just work with the word. In a proxy situation, you must obtain a copy of the proxy document and keep it in your file. An original must be recorded on the county`s deeds record.

Read the document carefully to determine who has been designated as an agent. This is the person you need to communicate with about the property. If more than one person is appointed, all designated officers must make decisions and sign all documents. Second, you want to know the extent of the power of attorney. Do agents have the opportunity to conduct real estate transactions? If that`s the tone of it, you`re in business. Only a competent person can sign the document necessary to create a power of attorney. If an owner has signed a “permanent” power of attorney before becoming incompetent, the authority is effective and the agent can act for the owner. Pennsylvania law has dictated what a properly crafted form is. Don`t assume that a power of attorney was written correctly. Take it through a lawyer or your property company to see if it is encoded with the law.

Once you have defined the situation, identified the person (s) of the authority and received and verified a copy of the corresponding documents, you are ready to proceed. Keep in mind that all authorized agents must sign the list agreement, disclosure documents, etc. under the authority or representatives of an estate. If, for example.B. two executors are present in an estate, both must sign the list contract. If only one executor signs, the document is not effective. As you know, the Real Estate Sellers Disclosure Act exempts a representative of the estate from completing the seller`s disclosure statement, with the exception of the agent`s known material defects.