Special or Limited Power of Attorney for Real Estate Sales Transaction By Seller - Delaware 2025

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Delaware law requires real estate settlements to be conducted by a licensed Delaware attorney.
(a) Subject to subsection (f) of this section, no defective corporate act or putative stock shall be void or voidable solely as a result of a failure of authorization if ratified as provided in this section or validated by the Court of Chancery in a proceeding brought under 205 of this title.
A Limited Power of Attorney (also called a Specific or Special Power of Attorney) allows the person who has the POA, the holder, to legally act on behalf of someone else, the principal, for a specific timeframe, scope or document.
49A-204. Real property. (9) Dedicate to public use, with or without consideration, easements or other real property in which the principal has, or claims to have, an interest.
C. 8106 (providing a three year limitations period for fiduciary duty and fraud actions); 6 Del.
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When someone makes you the agent in their power of attorney, you cannot: Write a will for them, nor can you edit their current will. Take money directly from their bank accounts. Make decisions after the person you are representing dies. Give away your role as agent in the power of attorney.
(d) A designated representative shall be presumed to be a fiduciary. A person who accepts an appointment as a designated representative of a trust, or acts as a designated representative of a trust under this section, submits to personal jurisdiction of this State regarding any matter related to the trust.

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