Special or Limited Power of Attorney for Real Estate Purchase Transaction by Purchaser - Delaware 2025

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Though it is only required by law that home buyers contract with an attorney when buying a home in the state of Delaware, sellers should also consider hiring an attorney as well. At Giordano Gagne, LLC, our attorneys and staff have decades of experience in all phases of real estate law.
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.
Delaware requires you to hire a real estate attorney to buy a home. Treat the process similarly to hiring an agent.
For homebuyers in Delaware, you can expect closing costs to range 2%-5% of the purchase price. If you paid earnest money, this amount will be subtracted from your closing costs, which will reduce the total amount you owe at closing. Earnest money is typically between 1%-3% of the homes price.
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.
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Drafting The Letter Identify the Principal and Agent: State both parties full names, addresses, and contact information. Define the Scope of Authority: Specify what powers are granted and include limits if needed. Set the duration: Indicate the start and end dates or state whether the POA is durable.
States that require attorney involvement or where attorney involvement is customary: Connecticut, Delaware, Georgia, Massachusetts, South Carolina, Vermont and West Virginia. In Illinois, North New Jersey, New York, North Carolina and Ohio, attorney involvement in a real estate closing may be customary.

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