Selling a House Using a Power of Attorney in Florida

A power of attorney can let someone else sign for a Florida house sale, but Florida law is specific about what the document has to say and how it has to be executed for that to actually work. Here is what to know before relying on one.

Real property authority has to be specifically granted

Under Florida Statute 709.2201, an agent may generally only exercise authority that is specifically granted in the power of attorney, along with authority reasonably necessary to give effect to that grant. A general provision purporting to give the agent authority to do all acts the principal could do is not, on its own, a specific grant of authority and does not authorize the agent to convey real property. In practical terms, this means the document has to actually address real estate transactions specifically; a broad, generic power of attorney may not be enough for a title company to accept it for a sale.

Execution requirements

Under Florida Statute 709.2105, a power of attorney must be signed by the principal, signed by two subscribing witnesses, and acknowledged by the principal before a notary public, or as otherwise provided by Florida's separate acknowledgment statute. The agent named in the document must be a natural person who is at least 18 years old, or a financial institution with trust powers that's authorized to conduct trust business in Florida. A power of attorney that doesn't meet these formalities can be rejected by a title company regardless of what it says about real estate authority.

The homestead spousal joinder rule

F.S. 709.2201 also addresses homestead property specifically: an agent's authority can include conveying or mortgaging homestead property, but if the principal is married, the agent generally cannot convey or mortgage that homestead property without the joinder of the principal's spouse or the spouse's guardian. The statute notes that joinder can itself be accomplished through a power of attorney executed by the joining spouse, and either spouse may appoint the other as an agent. Whether a specific property qualifies as homestead, and how this joinder requirement applies to a particular sale, needs to be confirmed by a title company or Florida real estate attorney reviewing the actual facts.

Where a sale fits

A cash, as-is sale doesn't change what a power of attorney has to say or how it has to be executed to be accepted; those Florida statutory requirements apply the same way regardless of whether the buyer is financed or paying cash. If a house is being sold on behalf of someone who's out of state, or otherwise can't be personally involved in signing, see our guide on selling a Florida house from out of state for more on how remote closings and a power of attorney can work together. Getting the specific document reviewed by a title company and a real estate attorney before relying on it, rather than after a buyer is already under contract, avoids a closing delay over a technical defect.

Frequently asked questions

Can someone sign a Florida real estate sale contract using a power of attorney?

Yes, if the power of attorney specifically grants that authority. Under F.S. 709.2201, an agent may generally only exercise authority specifically granted in the power of attorney; a general provision purporting to give the agent authority to do all acts the principal can do does not, by itself, grant authority to convey real property. The document has to specifically address real property transactions for an agent to sign on the principal's behalf for a sale.

What does Florida law require to execute a valid power of attorney?

Under F.S. 709.2105, a power of attorney must be signed by the principal, signed by two subscribing witnesses, and acknowledged by the principal before a notary public (or as otherwise provided by Florida's separate acknowledgment statute). The agent must also be a natural person at least 18 years old, or a financial institution with trust powers authorized to do trust business in Florida.

Are there special rules if the property is homestead?

Yes. Under F.S. 709.2201, an agent's authority can include conveying or mortgaging homestead property, but if the principal is married, the agent generally cannot convey or mortgage that homestead property without the joinder of the principal's spouse or the spouse's guardian. That joinder can itself be accomplished through a power of attorney executed by the joining spouse.

Will a title company accept a power of attorney for a cash, as-is sale?

Often, yes, if the power of attorney meets Florida's execution requirements and specifically grants authority over the real property transaction, but this isn't something to assume. A cash sale doesn't change what the power of attorney itself has to say or how it was executed. Involve the title company handling the closing, and a Florida real estate attorney, early to confirm the specific document will be accepted before relying on it.

Selling on behalf of someone using a power of attorney? Call OfferLink at 407-584-9111. We buy as-is across Florida, including Lake County, Polk County, and Brevard County. This article is general information, not legal advice. A title company or Florida real estate attorney reviewing the specific power of attorney is the right resource for confirming it will be accepted for your sale.