Fill and Sign the Special or Limited Power of Attorney for Real Estate Sales Transaction by Seller California Form

CALIFORNIA SPECIAL POWER OF ATTORNEY (FOR CLOSING REAL ESTATE TRANSACTION) CAUTION: A SPECIAL POWER OF ATTORNEY IS AN IMPORTANT LEGAL DOCUMENT. BY SIGNING THE SPECIAL POWER OF ATTORNEY, YOU ARE AUTHORIZING ANOTHER PERSON TO ACT FOR YOU, THE PRINCIPAL. BEFORE YOU SIGN THIS SPECIAL POWER OF ATTORNEY, YOU SHOULD KNOW THESE IMPORTANT FACTS: YOUR AGENT (ATTORNEY-IN-FACT) HAS NO DUTY TO ACT UNLESS YOU AND YOUR AGENT AGREE OTHERWISE IN WRITING. THIS DOCUMENT GIVES YOUR AGENT THE POWER TO DO ALL THINGS NECESSARY TO CLOSE ON THE PURCHASE OF PROPERTY DESCRIBED IN THE SPECIAL POWER OF ATTORNEY. YOUR AGENT WILL HAVE THE RIGHT TO RECEIVE REASONABLE PAYMENT FOR SERVICES PROVIDED UNDER THIS SPECIAL POWER OF ATTORNEY UNLESS YOU PROVIDE OTHERWISE IN THIS POWER OF ATTORNEY. THE POWERS YOU GIVE YOUR AGENT WILL CONTINUE TO EXIST UNTIL THOSE DUTIES DESCRIBED HEREIN ARE COMPLETED OR UNLESS YOU OTHERWISE TERMINATE THE SPECIAL POWER OF ATTORNEY. THIS SPECIAL POWER OF ATTORNEY MUST BE DATED AND MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC OR SIGNED BY TWO WITNESSES. IF IT IS SIGNED BY TWO WITNESSES, THEY MUST WITNESS EITHER (1) THE SIGNING OF THE POWER OF ATTORNEY OR (2) THE PRINCIPAL'S SIGNING OR ACKNOWLEDGMENT OF HIS OR HER SIGNATURE. A SPECIAL POWER OF ATTORNEY THAT MAY AFFECT REAL PROPERTY SHOULD BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC SO THAT IT MAY EASILY BE RECORDED. NOTICE TO PERSON ACCEPTING THE APPOINTMENT AS ATTORNEY-IN- FACT BY ACTING OR AGREEING TO ACT AS THE AGENT (ATTORNEY-IN- FACT) UNDER THIS POWER OF ATTORNEY YOU ASSUME THE FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT. THESE RESPONSIBILITIES INCLUDE: 1. THE LEGAL DUTY TO ACT SOLELY IN THE INTEREST OF THE PRINCIPAL AND TO AVOID CONFLICTS OF INTEREST. 2. THE LEGAL DUTY TO KEEP THE PRINCIPAL'S PROPERTY SEPARATE AND DISTINCT FROM ANY OTHER PROPERTY OWNED OR CONTROLLED BY YOU. YOU MAY NOT TRANSFER THE PRINCIPAL'S PROPERTY TO YOURSELF WITHOUT FULL AND ADEQUATE CONSIDERATION OR ACCEPT A GIFT OF THE PRINCIPAL'S PROPERTY UNLESS THIS POWER OF ATTORNEY SPECIFICALLY AUTHORIZES YOU TO TRANSFER PROPERTY TO YOURSELF OR ACCEPT A GIFT OF THE PRINCIPAL'S Special Power of Attorney Page 1 of 5 PROPERTY. IF YOU TRANSFER THE PRINCIPAL'S PROPERTY TO YOURSELF WITHOUT SPECIFIC AUTHORIZATION IN THE POWER OF ATTORNEY, YOU MAY BE PROSECUTED FOR FRAUD AND/OR EMBEZZLEMENT. IF THE PRINCIPAL IS 65 YEARS OF AGE OR OLDER AT THE TIME THAT THE PROPERTY IS TRANSFERRED TO YOU WITHOUT AUTHORITY, YOU MAY ALSO BE PROSECUTED FOR ELDER ABUSE UNDER PENAL CODE SECTION 368. IN ADDITION TO CRIMINAL PROSECUTION, YOU MAY ALSO BE SUED IN CIVIL COURT. I HAVE READ THE FOREGOING NOTICE AND I UNDERSTAND THE LEGAL AND FIDUCIARY DUTIES THAT I ASSUME BY ACTING OR AGREEING TO ACT AS THE AGENT (ATTORNEY-IN-FACT) UNDER THE TERMS OF THIS POWER OF ATTORNEY. DATE:       Signature of Attorney in Fact       Print or Type Name Special Power of Attorney Page 2 of 5 Prepared by:       After Recording, Return to:       (Full Name of Party)       (Company, if applicable)       (Street Address)       (City, State and Zip Code) SPECIAL POWER OF ATTORNEY FOR CLOSING REAL ESTATE TRANSACTION (Agent for Seller) STATE OF CALIFORNIA , COUNTY OF ____________ KNOW ALL MEN BY THESE PRESENT, THAT I       , (Name of Principal) whose address is       , (Street Address, City, State, Zip Code) desiring to execute a SPECIAL POWER OF ATTORNEY, hereby appoint,       of       , (Name of Agent) (Street Address)       , as my Attorney-in-Fact (City, County, State, Zip Code) to act as follows, GRANTING unto my Attorney-in-Fact full power to: To do all things necessary to close on the sale of the property described below, commonly known as __________________________________ (address), with full power and authority for me and in my name to execute any and all documents necessary to effect the sale, conveyance and settlement on said property to any person or persons of his choosing, including but not limited to, deeds, checks, receipts, releases, warranties, affidavits, contracts, addenda, settlement statements, loan commitments and disclosure statements, truth-in-lending statements, all forms of commercial papers, endorsements to checks, or the like, and any such other instrument or instruments in writing of whatever kind, character and nature as may be necessary to complete the sale, financing arrangements, and the settlement process . FURTHER GRANTING full power and authority to collect and receive any funds or proceeds of said sale in any manner which, in his sole discretion, he sees fit. The legal description of the property is as follows, to-wit: Special Power of Attorney Page 3 of 5 See legal description attached hereto as Exhibit A and incorporated herein for all purposes. Legal Description:       I hereby ratify and confirm all that said attorney-in-fact shall lawfully do or cause to be done by virtue of this Power of Attorney and the rights and powers herein granted. All acts done by means of this power shall be done in my name, and all instruments and documents executed by my Attorney hereunder shall contain my name, followed by that of my attorney and the description "Attorney-in-Fact", excepting however any situation where local practice differs from the procedure set forth herein, in that event local practice may be followed. This SPECIAL POWER OF ATTORNEY shall be valid and may be relied upon by any third parties until such time as any revocation is recorded in the recorder's office of the recording district initially set forth above. DATED:       Signature of Principal       Type/Print Name A notary public or other officer completing the certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. CA. Civil Code § 1189. State of California , County of       ss. On       , 20       before me,       (here insert name and title of the officer), personally appeared             , who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity , and that by his signature on the instrument the person , or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Special Power of Attorney Page 4 of 5 WITNESS my hand and official seal. Signature (Seal) ACKNOWLEDGMENT OF ATTORNEY-IN-FACT BY ACCEPTING OR ACTING UNDER THE APPOINTMENT, THE ATTORNEY-IN- FACT ASSUMES THE FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF AN ATTORNEY-IN-FACT. DATED:       Signature of Attorney-in-Fact       Type/Print Name Principal – Name and Address: Attorney-in-Fact – Name and Address:             (Complete Name of Principal) (Complete Name of Agent/Attorney-in-Fact)             (Street Address) (Street Address)             (City, County, State, Zip Code) (City, County, State, Zip Code)             (Telephone number, including area code) (Telephone number, including area code) Special Power of Attorney Page 5 of 5 EXHIBIT A Principal:       Agent:       Legal Description:       Special Power of Attorney Exhibit A