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Updated about 8 years ago,

Account Closed
  • Clayton, NY
35
Votes |
157
Posts

Limited Power of Attorney, When to Use One?

Account Closed
  • Clayton, NY
Posted

I'm gathering information on limited power of attorney forms and when exactly they are used during seller financing or lease option purchase agreements (if at all). I have read and heard that they are sometimes used in real estate transactions and I'm in the process of compiling "buyer" and "seller" packets to keep with me in my car to be prepared to do a deal at any time.

I was able to find one form online to look oer but ended up this law website and that has triggered some questions for me that I was hoping some of the fellow BiggerPockets members could help me out with.

https://www.ilrg.com/forms/states/ny-powerofattorn...

According to law 5-1501 of the New York General Obligations Law, section d, "To be valid, except as otherwise provided in section 5-1512 of this title, a statutory short form power of attorney, or a non-statutory power of attorney, executed in this state by a principal, must:"

Contain the exact wording of the: (1) “Caution to the Principal” in paragraph (a) of subdivision one of section 5-1513 of this title;  and (2) “Important Information for the Agent” in paragraph (n) of subdivision one of section 5-1513 of this title"

So, this takes me back to the PDF that I downloaded of a limited power of attorney form which DOES NOT included these paragraphs. Does that mean that in NYS, that form is not legally binding or would not hold up on a court of law unless it had these paragraphs included in them?