1,056,272
This depends on the circumstances. Would you have access to the seller to confirm that the contract reflected their wishes, and that they came to this agreement freely and of sound mind? I might run it by an attorney to make sure that everything was on the up, but this is not necessarily a problem if the parties are indeed all on the same page. Then again, in this day and age there should be no reason that the seller cannot sign for themself. I would want to know why the seller could not sign, to begin with, at any rate.
-
Pete Xavier
Pacific Palisades, CA
-
Debe Maxwell, CRS
Charlotte, NC
-
Nina Hollander, Broker
Charlotte, NC
-
Candice A. Donofrio
Fort Mohave, AZ
956,152
Careful, it could be...https://youtu.be/kR6pxe8jaMs!
-
Debe Maxwell, CRS
Charlotte, NC
-
Dr. Karen Lewis, Broke...
Fort Lauderdale, FL
-
Nina Hollander, Broker
Charlotte, NC
-
Candice A. Donofrio
Fort Mohave, AZ
5,254,035
This is absolutely an attorney question but, like you, I would certainly not have done it without cousel.
-
Pete Xavier
Pacific Palisades, CA
-
Dr. Karen Lewis, Broke...
Fort Lauderdale, FL
-
Anthony Acosta - ALLAT...
Atlanta, GA
2,221,377
I would call my closing attorney and ask for legal advise how to handle this matter and then talk to the buyer.
-
Dr. Karen Lewis, Broke...
Fort Lauderdale, FL
-
Debe Maxwell, CRS
Charlotte, NC
-
Anthony Acosta - ALLAT...
Atlanta, GA
7,863,184
An obvious conflict of interest.
-
Dr. Karen Lewis, Broke...
Fort Lauderdale, FL
-
Debe Maxwell, CRS
Charlotte, NC
-
Anthony Acosta - ALLAT...
Atlanta, GA
5,112,471
I don't know anything about Forest Gump's numbers... then again I may be one of the only people in the universe who never saw that movie. So I'm mystified. But your description of the situation is too vague. Sounds weird that the same person was signing for both buyer and seller... but if the POA was legit, it was legit.
-
Pete Xavier
Pacific Palisades, CA
-
Richard Bazinet /MBA, ...
Scottsdale, AZ
-
Anthony Acosta - ALLAT...
Atlanta, GA
1,386,657
I would need more information to make a decision but would also consult with our Corporate Counsel
-
Debe Maxwell, CRS
Charlotte, NC
-
Dr. Karen Lewis, Broke...
Fort Lauderdale, FL
-
Nina Hollander, Broker
Charlotte, NC
2,684,569
You could sign contracts, offers, etc. for both Buyer and Seller with a POA. But when it comes time to sign the DEED, the title company or title attorney is going to bring it to a screeching halt... because most POAs in Florida are revocable. That Deed may later be declared invalid.
See an attorney for legal advice, etc.
-
Pete Xavier
Pacific Palisades, CA
-
Dr. Karen Lewis, Broke...
Fort Lauderdale, FL
5,583,328
and that's why every client we deal with has an attorney.... our rule.
-
Dr. Karen Lewis, Broke...
Fort Lauderdale, FL
-
Anthony Acosta - ALLAT...
Atlanta, GA
259,317
Sounds too risky, I agree, RUN,,,,
-
Dr. Karen Lewis, Broke...
Fort Lauderdale, FL
-
Debe Maxwell, CRS
Charlotte, NC
1,712,776
I only do POAs on minor items like signing off on a lead based paint addendum.
-
Debe Maxwell, CRS
Charlotte, NC
-
Dr. Karen Lewis, Broke...
Fort Lauderdale, FL
213,263
Yea, that's trouble.
-
Debe Maxwell, CRS
Charlotte, NC
-
Dr. Karen Lewis, Broke...
Fort Lauderdale, FL
1,624,653
I'd be calling CA lawyers first, it is very interesting situation, but I do not see why it has to be illegal.
-
Anthony Acosta - ALLAT...
Atlanta, GA
-
Debe Maxwell, CRS
Charlotte, NC
4,319,773
Dr. Karen Jones Lewis, Broker - yes, Run Forrest Run...
-
Debe Maxwell, CRS
Charlotte, NC
-
Dr. Karen Lewis, Broke...
Fort Lauderdale, FL
3,986,308
I would look very carefully and see f any other she were possible
-
Dr. Karen Lewis, Broke...
Fort Lauderdale, FL
3,349,404
If it smells like a rat ... no, thank you.
As you have stated, there is more to this than you can share. Others, attorneys, title, etc. have said no. That is enough for me. Why risk it?
-
Dr. Karen Lewis, Broke...
Fort Lauderdale, FL
1,506,013
Just based on what little you've posted my "spidey sense" is tingling. Sounds like a potential for elder abuse or elder fraud... which is all too rampant and often has these exact elements to it. Kudos for listening to your inner spirit.
There is the chance it could be legit, but I'd want an outside lawyer to investigate it and I'd want their name and license on the line too.
-
Pete Xavier
Pacific Palisades, CA
5,772,581
You did the right thing.
-
Dr. Karen Lewis, Broke...
Fort Lauderdale, FL
716,529
First, check with your state rules. You cannot charge a fee for document preparation in many states.
The buyer and the seller is the same person - with a seller POA? That makes not much sense. No can do. Go to an attorney.
It could be legit, and maybe this party has no clue what to do. Go attorney.
-
Dr. Karen Lewis, Broke...
Fort Lauderdale, FL
2,784,566
Escrow would comment well on that. Also wording to the effect as you described would/should become part of the contract if one moves forward
-
Dr. Karen Lewis, Broke...
Fort Lauderdale, FL
1,466,257
Dr. Karen Jones Lewis, Broker A big conflict of interest here. Listen to your attorney.
-
Dr. Karen Lewis, Broke...
Fort Lauderdale, FL
921,504
There are circumstances where is this expected.
It is a job for attorneys.
-
Dr. Karen Lewis, Broke...
Fort Lauderdale, FL
4,800,132
This does appear to be a conflict. I would go with an attorney.
-
Dr. Karen Lewis, Broke...
Fort Lauderdale, FL
3,416,038
I have only seen that when transferred to a trust or LLC or taken out of one. But no way the buyer should be signing for the seller? If they did come to me, i think i would speak to the seller first to find out, what and why.
-
Dr. Karen Lewis, Broke...
Fort Lauderdale, FL
2,191,798
Not the type of deal I would be interested in either
-
Dr. Karen Lewis, Broke...
Fort Lauderdale, FL
3,071,489
5,239,023
Time for the introduction of an attorney to this transaction. Let him opine on the transaction!
-
Dr. Karen Lewis, Broke...
Fort Lauderdale, FL
4,900,966
Would need more information before I made a decision. Possibly have 3 appraisals done and then average for a final sales price.
-
Dr. Karen Lewis, Broke...
Fort Lauderdale, FL
902,038
Sound like you are right to be careful.
-
Dr. Karen Lewis, Broke...
Fort Lauderdale, FL
913,468
More info and time needed to verify poa was done properly and recorded, etc. Seller would need to be contacted as well.
-
Debe Maxwell, CRS
Charlotte, NC
3,627,072
I believe Forest cold not run away from that deal fast enough. RUN FOREST RUN!
-
Debe Maxwell, CRS
Charlotte, NC
4,434,177
1,598,452
I just read this question year later.
I wonder, how that solve.
Happy New Year.
982,464
482,547
Hi, Dr. Karen Jones Lewis, Broker. I agree this is a very unique and something to run from. Listening to your 'inner spirit' and attorney should keep you out of trouble for sure.
Thank you for sharing & Good luck!
Bruce
5,877,335
6,417,445
I would have asked a lot of questions, and had a talk with the seller and their attny to see why they would give the buyer a poa.
And if the seller did not have an attny I would have insisted that they get one, something that I did for a friend who was about to buy another friends property this past summer, averted a real disaster there.
3,988,013
That is very odd. I cannot see how the agent can sign for both and also be the agent for both.
1,553,330
Whole thing sounds legally disastrous, good you ran.
In a situation like that, I'd have had an associate rep the buyer and taken a referral fee and stayed arm's length from the buyer. Assuming you were the listing agent here?
577,750
I have never heard of this scenario before, and I would not proceed at all... you could really end up in a lot of trouble...