How to Get a Power of Attorney for Real Estate Closing?

Using a Power of Attorney for a Real Estate Closing in Florida

Obtaining a power of attorney (POA) for a real estate closing allows another individual to handle a property transaction on your behalf, making the process more efficient—especially if you are unable to be physically present at the time of closing. This legal instrument is particularly useful for out-of-state buyers, international investors, or anyone seeking the convenience of authorizing a trusted representative to complete a transaction.

At Nishad Khan, P.L., our experienced Florida real estate attorneys routinely assist clients in preparing valid and enforceable powers of attorney specifically tailored for real estate closings. We ensure the document complies with Florida law and addresses all aspects necessary to complete your transaction smoothly and securely.

What Is a Power of Attorney?

A power of attorney is a legal document that authorizes one person (the “agent” or “attorney-in-fact”) to act on behalf of another person (the “principal”). The authority granted may be broad or limited to specific tasks, such as executing real estate documents at closing.

In the context of real estate, a POA may allow the agent to:

• Sign closing documents
• Accept funds
• Transfer title
• Execute mortgage agreements
• Take any action necessary to complete the transaction

Under Florida law, real estate powers of attorney must meet specific statutory requirements to be enforceable, especially when used to convey or encumber real property.

Steps to Obtain a Power of Attorney for a Real Estate Closing in Florida

1. Draft a Legally Compliant POA

The power of attorney document must clearly identify the principal and agent, state the powers being granted, and specifically reference the property involved. For real estate closings in Florida, the POA must:

• Be in writing
• Identify the property by legal description or address
• Expressly authorize the agent to perform actions related to the real estate transaction
• Comply with Florida Statutes, particularly Chapter 709, which governs powers of attorney

2. Sign in the Presence of Two Witnesses and a Notary

In Florida, a power of attorney used to convey or encumber real property must be signed by the principal in the presence of two witnesses and a notary public. The notary must confirm the identity of the principal and ensure the signature is voluntary. Without these formalities, the POA may not be legally valid or accepted by title companies or lenders.

3. Provide Copies to All Parties

Once the POA is properly executed, provide copies to all parties involved in the transaction—this includes your real estate agent, lender, title company, and the agent acting on your behalf. Early communication helps avoid delays at closing due to verification issues or questions about the scope of authority.

4. Maintain Oversight

Even if you are not physically present, stay informed throughout the closing process. Maintain regular contact with your agent and attorney to ensure your interests are protected and the transaction proceeds as intended.

5. Signing and Closing

At closing, your agent will use the POA to sign all required documentation on your behalf. All signatures must reflect that the agent is acting under a power of attorney (e.g., “John Doe, as Attorney-in-Fact for Jane Smith”). This ensures the legal validity of the documents and avoids any confusion regarding authority.

Your agent will also finalize all aspects of the transaction, including the disbursement of funds and delivery of keys and documents. With a properly executed POA, the transaction can be completed without your in-person involvement, while maintaining full legal effect.

Choosing the Right Attorney for POA and Real Estate Closings

Selecting a knowledgeable Florida real estate attorney is essential when preparing a power of attorney for closing purposes. Your attorney will ensure the POA is drafted correctly, witnessed, notarized, and accepted by all necessary parties. Mistakes in the POA can result in delays, rejected documents, or failed transactions.

When choosing a Florida real estate lawyer, consider their:

• Experience with real estate closings
• Familiarity with Florida’s POA statutes
• Reputation and reviews from past clients
• Communication and responsiveness

Work with Experienced Florida Real Estate Attorneys

At Nishad Khan, P.L., our team of experienced real estate attorneys in Orlando regularly assists clients with powers of attorney and real estate closings throughout Florida. Whether you are buying or selling property remotely or need a trusted representative to act on your behalf, we provide clear guidance, personalized service, and full legal compliance.

Contact us today to schedule a consultation and learn how we can assist with your power of attorney and real estate transaction needs in Florida.