Enact a Power of Attorney for Selling an Arizona Home?

A pilot at Luke Air Force Base is being transferred to the Far East for at least a year. His family listed their Arizona home listed for sale, but the pilots wife is concerned that they will get a good offer on their home and her husband will be difficult to contact. It was suggested to the pilot’s wife that before her husband leaves to contact an Arizona real estate lawyer and execute a power of attorney to her so that she would have the authority to sign the deed to sell the home. What type of language is necessary in a power of attorney to give a wife the authority from her husband to sign the deed to sell the home?

Inasmuch as a title company will only record the deed to the buyer if the title company approves of the form of the power of attorney. The pilot’s wife should have their listing broker contact a title company for their approved form of a power of attorney. For example, a title company may require language in the power of attorney that the power of attorney can only be terminated by a recorded notice of termination by the husband. In any event, if her husband signs the power of attorney of the title company, there should be no problem in recording the deed to the buyer at closing.

Note: The power of attorney from her husband may be more important in accepting offers on homes as prospective buyers usually want quick responses to purchase offers. The power of attorney to sign closing documents like the deed, however, is not as important because closing documents can be sent by over-night delivery a few days before closing.


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