Realtor wants POA for closing. Should we agree to this? (RE agent, disclosure)

[newfie56]

My siblings and I own an undeveloped parcel of land about 100 miles away, and have accepted an offer. The realtor has arranged Single Source Real Estate Services for the closing, and the documents that have been prepared (thus far) have some errors that need to be fixed. The closing is about 10 days away. Have you all had experience with Single Source Real Estate -- and is this a firm and process that you recommend?

Also, the realtor and Single Source Real Estate want to do the closing without us present, by giving our realtor Power of Attorney, which I'm not exactly crazy about. Any opinions on that? (I'm in North Carolina, if that matters.) Two of my brothers are more comfortable driving/going to the actual closing , and I'd feel more comfortable giving one of them my POA than the realtor. Actually attending the closing is an idea that hasn't been welcomed by the realtor and SSRE.

Any thoughts, guidance or insights you can share? Should we seek out our own attorney to review the documents and perhaps participate in or conduct the closing? Thanks in advance.

[Diana Holbrook]

I am not sure why a POA is being discussed.

Why can you not sign either remotely with something like Docusign, or with a mobile notary who would meet you, perhaps even at your house. There's a charge for that, but it's usually not a lot. If you wanted to, the documents could probably be sent to any local attorney to look over with you and sign, they always have a notary on staff.

We do remote signings with people who are all over the country. There's lots of ways to get the documents to you if that's the only issue.

And 100 miles isn't that far to travel if needed.

[newfie56]

These are the instructions that were included in the email with the documents: "Attached you will find your documents for the sale of your property. All documents will need to be printed (single sided only), signed and notarized. Once all that has been done, all documents will need to be scanned back to me for review for notarial correctness and approval. Once approved, I will send you a prepaid FedEx label so you may overnight the original documents back to me."

Included in the documents is a "Specific Power of Attorney" permission document, giving POA to the realtor and making her "attorney-in-fact." Part of this is copied and pasted below:

GRANT OF AUTHORITY

I grant my Attorney-in-Fact general authority to act for me with respect to the Property hereinafter mentioned, all
tangible personal property related to the Property and all financial transactions relating to the Property. The authority
granted to my Attorney-in-Fact pursuant to this power of attorney expressly includes the following:
(1) The authority to act with respect to real property as set forth in Section 32C-2-204 of the North Carolina
General Statutes;
(2) The authority to act with respect to tangible personal property as set forth in Section 32C-2-205 of the North
Carolina General Statutes; and

(3) The authority to act with respect to banks and other financial institutions as set forth in Section 32C-2-208 of
the North Carolina General Statutes.
(4) The authority to make, execute and deliver in my name and on my behalf any and all documents required to
complete the sale of the Property including but not limited to, a Real Estate Purchase/Sales Contract,
Addendums, Amendments, Affidavits, Settlement Statement, Closing Disclosure, Quitclaim and General
Warranty Deed.

[newfie56]

@Diana Holbrook -- I'm not sure why they haven't proposed a DocuSign format. I don't mind taking documents to a bank and having a notary sign them, though.

My siblings and I live in four different cities that are not physically close to one another, so that might be complicating things.

[Diana Holbrook]

I don't want to throw obstacles in a process I don't understand, people do things in different ways in other parts of the country, but if they can mail you the POA papers, I don't understand why they can't mail you all the sale papers with instructions to get them notarized.

Find someone locally involved, either your agent or these closing people, to explain why they're doing this, this way. IMHO, unless there's a good reason, they should be able to get the papers to you to sign, either electronically or with a mobile notary. Your situation is not all that unusual.


On edit... I'm not all that suspicious of the motives here, if there's a good reason, it's just I'm not sure what that reason might be.

[Rakin]

Around here in TX, The RE Agent or Broker never has a POA for their clients. That would be a huge conflict of interest. Usually a relative has POA and it's a big PITA when they have to write out on every signature.

Your 2 brothers are best to get POA and sign for the others. Something smells fishy.

Your state may be different.

[dontaskwhy]

Sadly, this Realtor sounds like a PIA instead. I had never heard of a Realtor asking their client for a POA, even if a remote closing is requested.

[anicon]

last person in the world i would give poa to is the real estate agent. but hey- maybe that's just me.
imho- if your siblings can be present at the closing let one of them be your poa.

[Teacher Terry]

I wouldn’t give Poa to the realtor. As others have stated use doc-u sign, they can send a mobile notary or have your brothers attend. I have bought many houses and find this weird.

[Diana Holbrook]

Originally Posted by anicon

last person in the world i would give poa to is the real estate agent. but hey- maybe that's just me.

Oh come on now.... The LAST PERSON IN THE WORLD?

I mean... really? After you get turned down by convicted felons and all the guys trying to sell you extended warranties? WE'RE THAT BAD?