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Can a family member working with a real estate agent sell my house for me, including signing papers?

Providence, RI |

I am planning on moving to another state. I currently have my house for sale with a real estate agent . I would like to have a family continue selling the house for me, As I would like to move, so I can start work.

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Attorney answers 3

Posted

Briefly, yes you can. You need to have a power of attorney drawn authorizing the person you chose to do these acts. Generally you will want to consult an attorney to draw the power of attorney and have him act to assist the family member you appoint. PLEASE NOTE a power of attorney is a dangerous document. With it the person you appoint can do any act YOU could do, whether you would want him/her to do so or not. IE they can sell you property and take your money or clean out your bank accounts etc. Be careful to whom you give such a power. Having said that, in the hands of the right person, they can make life a lot less stressful. Alternatively, you can have the documents fedex'd to you to sign in front of a notary where you are working, and then mailed back. Most closing agents allow this type of procedure and it is a safety check for you, if you aren't totally sure of the person who would be your power of attorney

Posted

Yes you can do this. There are several different types of powers of attorney. In this context you would want a specific power of attorney directing that the individual that you choose has only that power required to execute closing dovuments in this transaction, and only after you review and approve the sale. Working with the realtor is a different matter from signing the closing papers.

This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

Posted

As the prior responders indicate yes, by means of a power of attorney, you may appoint another to serve as your attorney-in-fact, which means the appointed person may sign the deed for you. There are other options, too, though, such as signing and mailing the deed and HUD-1 to your lawyer to hold in trust until the closing.

An experienced real estate lawyer should be able to help you for not much more than a few hundred dollars.

Best,
LawyersCollaborative

Note: The above information does not constitute legal advice. Unless a written Collaborative Representation Agreement has been signed, neither LawyersCollaborative nor any of its Staff General Counsel is your legal representative.

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