Special Power of Attorney to Sell Property: Template & Guide

A Special Power of Attorney (POA) allows someone to sell property on your behalf under specific terms. Below, we explain how to create one and provide two customizable templates.

Quick Answer

A Special POA for selling property must include:

• Principal’s and Agent’s Details
• Property Description (address, legal description)
• Specific Authority Granted (e.g., sign contracts, close sales)
• Expiration Date (optional)
• Signatures + Notarization

Note: State laws vary—some require notarization, witnesses, or specific wording.

When to Use a Special POA for Selling Property

• You’re unavailable to handle the sale (e.g., living abroad, health issues).
• You trust a family member, friend, or realtor to act on your behalf.
• You want to limit the agent’s authority to only selling the property.

Key Elements to Include

1. Principal’s Full Name and Address
2. Agent’s Full Name and Address
3. Property Details (address, parcel number, legal description)
4. Powers Granted (e.g., list property, negotiate offers, sign deeds)
5. Effective Date and Duration
6. Revocation Clause (how to cancel the POA)
7. State Compliance (e.g., “This POA complies with California Civil Code § 4123”)

Related article for you:
Can a Power of Attorney Agent Go to Jail? What You Need to Know

Template 1: Basic Special POA to Sell Property

SPECIAL POWER OF ATTORNEY TO SELL REAL ESTATE

Principal:
Name: ___________________________
Address: _________________________

Agent/Attorney-in-Fact:
Name: ___________________________
Address: _________________________

Property Description:
The property subject to this power of attorney is located at:
Address: __________________________
[Insert legal description of the property or parcel number]

Powers Granted:
I, [Principal’s Name], hereby grant my Agent, [Agent’s Name], the limited authority to negotiate, enter into, and execute any and all agreements related solely to the sale of the property described above. This includes the authority to sign and deliver contracts, accept offers, and perform all necessary acts to complete the sale.

Limitations:
This power of attorney is limited solely to the sale of the property described herein and does not authorize any other acts on my behalf.

Duration:
This Special Power of Attorney shall remain in effect from [Effective Date] until [Expiration Date] or until the sale of the property is completed, whichever occurs first.

Revocation:
This document revokes all prior powers of attorney concerning the sale of the above-described property.

Signatures:

[Principal’s Signature]
Date: ______________________

Witness/Notary:

[Signature of Witness/Notary]
Date: ______________________

(State-specific witnessing and notarization requirements apply.)

Template 2: Comprehensive Special POA

SPECIAL POWER OF ATTORNEY TO SELL PROPERTY

Principal Information:
I, [Principal’s Full Legal Name], residing at [Principal’s Address], hereby appoint [Agent’s Full Legal Name], residing at [Agent’s Address], as my true and lawful Agent (Attorney-in-Fact).

Property Identification:
This power of attorney relates exclusively to the property located at:
Address: __________________________
Legal Description: ___________________
Parcel/Tax ID: ______________________

Grant of Specific Authority:
I grant my Agent the power to act on my behalf solely to effect the sale of the above-described property. The authority includes, but is not limited to, the following actions:

• Negotiating the sale price and terms of the property sale.
  
• Signing purchase agreements, addendums, and any other necessary documents.
  
• Communicating with real estate agents, lawyers, title companies, and financial institutions regarding the sale.
  
• Accepting deposits, executing closing documents, and handling the disbursement of funds derived from the sale.
  

Conditions and Limitations:

• The Agent must act in strict accordance with my best interests and only in relation to the sale of the described property.
  
• The Agent is not authorized to encumber, mortgage, or otherwise transfer any interest in the property except for the purpose of facilitating its sale.
  
• All actions taken under this power of attorney must be documented, and the Agent is required to provide a full accounting of transactions upon request.
  

Effective Date and Termination:
This Special Power of Attorney is effective as of [Effective Date] and shall remain in effect until either the sale is concluded or until [Expiration Date], whichever occurs first. I reserve the right to revoke this power of attorney at any time in writing.

Revocation of Prior Authorities:
This document supersedes and revokes any and all prior powers of attorney related to the sale of the property described herein.

Signatures and Acknowledgment:

[Principal’s Signature]
Date: ___________________________

[Agent’s Signature]
Date: ___________________________

Witness Acknowledgment:

I declare that [Principal’s Name] appears to be of sound mind and is executing this document voluntarily and without undue influence.

[Witness’s Signature]
Name (Printed): ____________________
Date: ___________________________

Notarization (if required):

State of ____________
County of ___________

On this ____ day of ________, 20, before me, __________________________, a notary public in and for said state, personally appeared [Principal’s Name] and identified themselves as the same, and acknowledged that they executed the foregoing instrument.

Notary Public Signature
My commission expires: __________

How to Execute the POA

1. Complete the Template: Fill in all blanks accurately.
2. Sign and Notarize: Most states require notarization.
3. Record the POA: File it with the county recorder’s office if required by your state.
4. Provide Copies: Give copies to the agent, realtor, and title company.

Real-Life Example:
In 2023, a Texas homeowner used a Special POA to let her brother sell her house while she was stationed overseas. The POA was notarized and included the legal property description, allowing a smooth sale without her physical presence.

Important Considerations

• Agent Selection: Choose someone trustworthy. The agent need not be a realtor.
• State Laws: Florida requires two witnesses for real estate POAs. Illinois mandates specific wording for property sales.
• Revocation: Send a certified revocation letter to all parties if you cancel the POA.

Legal Expert Quote:

“A poorly drafted POA can derail a property sale. Always include the legal property description and precise authority limits to avoid disputes.”
— Emily Carter, Real Estate Attorney

Common Mistakes to Avoid

• Using vague language (e.g., “handle all matters related to the property”).
• Forgetting to include an expiration date.
• Skipping notarization (invalidates the POA in most states).

FAQ

Can the agent keep profits from the sale?

No. The agent must transfer all proceeds to the principal unless the POA specifies compensation.

Does this POA work for out-of-state property?

Yes, but ensure it complies with the property’s state laws.

Can I use this template for commercial property?

Yes, but specify the property type in the description.

Final Tips

• Consult a real estate attorney for complex transactions.
• Keep the original POA in a safe deposit box.
• Provide your agent with a certified copy for transactions.

By using these templates and following your state’s requirements, you can authorize a trusted person to sell your property legally and efficiently.

For State-Specific Forms:

• Visit [State].gov (e.g., California Attorney General)
• Download forms from legal aid sites like LawDepot