This form permits a principal to designate an agent. The specific powers granted may be selected from the suggested powers shown in the form. Additional provisions that further limit the grant of power should be considered. This form of power of attorney is durable; that is, it survives the disability of the principal. Although the power of attorney may be made a springing power, effective on the disability of the principal, this form does not contain such a provision. The form must be filed for record in the county in which the real estate is located not later than thirty days after the recordation of each instrument signed by the agent. Tex. Est. Code § 751.151. See section 2.75 in this manual for the various special requirements relating to a durable power of attorney. See also the Durable Power of Attorney Act, Tex. Est. Code ch. 751.
There is a “statutory durable power of attorney” form provided for in chapter 752 of the Texas Estates Code. See Tex. Est. Code § 752.051. It has broad, sweeping, detailed powers and can be used for real estate transactions as well as a wide variety of other transactions.
Special Durable Power of Attorney for Real Estate Transactions
Date:
Principal:
Principal’s Mailing Address:
Agent:
Agent’s Mailing Address:
Effective Date:
[Expiration Date:]
Property:
Powers Given with Respect to the Property:
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The following are suggested powers for the sale of real estate. |
1.Enter into real estate listing agreements offering the Property for sale at any price on any terms and with any commission agreement.
2.Contract to sell the Property for any price on any terms.
3.Convey the Property.
4.Execute and deliver any legal instruments relating to the sale and conveyance of the Property, including but not limited to general and special warranty deeds binding Principal with vendor’s liens retained or disclaimed as applicable or transferred to a third-party lender, affidavits (for example, federal tax statements), notices, disclosures, waivers, and designations.
5.Accept notes, deeds of trust, and other legal instruments.
6.Approve closing statements authorizing deductions from the sale price.
7.Receive Principal’s net sales proceeds by check payable to Principal.
8.Indemnify and hold harmless any third party who accepts and acts under this Power of Attorney.
9.Do everything and sign everything necessary or appropriate to sell the Property and accomplish the powers set out.
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The following are suggested powers for the purchase of real estate. |
1.Contract to purchase the Property for any price on any terms.
2.Execute, deliver, and accept any legal instruments relating to the purchase of the Property and to any borrowing for the purchase, including but not limited to deeds, notes, deeds of trust, guaranties, and closing statements.
3.Approve closing statements authorizing payment of prorations and expenses.
4.Pay Principal’s net purchase price from funds provided by Principal.
5.Indemnify and hold harmless any third party who accepts and acts under this power of attorney.
6.Do everything and sign everything necessary or appropriate to purchase the Property and accomplish the powers set out.
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Continue with the following. |
Principal appoints Agent to act for Principal in accordance with the powers given with respect to the Property, and Principal ratifies all acts done under this appointment. Agent’s authority will begin on the Effective Date and end [on the Expiration Date unless revoked sooner/only if revoked] by Principal’s signing an instrument revoking this power of attorney and filing it for record in the real property records of [county] County, Texas. A signed and filed revocation instrument will be effective, without limitation or exception, including but not limited to being effective against a third party relying on this power of attorney without receipt of actual notice of the revocation, on the date and time of filing.
This is a durable power of attorney under chapter 751 of the Texas Estates Code, which is not affected by subsequent disability or incapacity of Principal and will not lapse because of a passage of time [include if applicable: , but it will expire on the Expiration Date].
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If applicable, the following paragraph is a suggested indemnity clause. |
Principal binds Principal and Principal’s heirs and personal representatives to indemnify and hold Agent harmless from all claims, demands, losses, damages, actions, and expenses that Agent may sustain or incur in connection with carrying out the authority granted to Agent in this power of attorney.
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Continue with the following. |
The attorney-in-fact or agent, by accepting or acting under the appointment, assumes the fiduciary and other legal responsibilities of an agent.
[Name of principal]
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Include acknowledgment. |
Affidavit of Attorney-in-Fact
Date:
Principal:
Principal’s Mailing Address:
Effective Date of Power of Attorney:
Affiant: [name of attorney-in-fact]
Affiant’s Mailing Address:
Affiant on oath swears that the following statements are true and within the personal knowledge of Affiant:
1.Affiant is the attorney-in-fact for Principal, having been appointed in the Power of Attorney.
2.The power of attorney has not been terminated by revocation, by Principal’s death, by Principal’s divorce or the annulment of the marriage of Principal if the attorney-in-fact is Principal’s spouse, or by the qualification of a guardian of the estate of Principal.
[Name of attorney-in-fact]
SWORN TO AND SUBSCRIBED before me on
by [name of attorney-in-fact].
Notary Public, State of Texas
State of Texas
COUNTY OF [county]
This instrument was acknowledged before me on [date] by [name of attorney-in-fact].
Notary Public, State of Texas