What if I am unavailable to sign the documents in relation to the sale or purchase of a property?
A Power of Attorney may be what you need.
Author: Brendan Mahatoo
“I have just listed my property for sale and I need to relocate right away, how will I be able to sign documents when the sale is complete?”
“I have just purchased a property in Manitoba and I need to go back to my former Province/State right away, how can I sign the legal documents to complete the purchase?”
A great way to address your absence can be to create a Power of Attorney with your lawyer, appointing someone you trust to sign on your behalf. Moving is stressful as it is, finding a lawyer in another Province/State to witness your signatures, corresponding with your Manitoba lawyer, and sending documents back and forth can cause delays. To preempt issues such as delays, stress, missed possession dates, why not appoint a confidant of choice to sign on your behalf?
Typically, in my practice if a client reaches out to me prior to their home being sold or their purchase being ready to sign, advising they will be out of the Province within the immediate future, I have suggested the Power of Attorney option. In my office on an expedient basis I can have a Power of Attorney completed for your signing prior to your departure. Once a Power of Attorney is completed it can be held on your instruction for use only in relation to signing documents pertaining to the sale or purchase of your property. It will be up to you as to whether the Power of Attorney will be destroyed or forwarded to you once the transaction is complete.
Brendan Mahatoo is an associate at Levene Tadman Golub Law Corporation. He completed his Juris Doctor (J.D.), Law at the University of Manitoba's Faculty of Law. He practices primarily in the areas of Real Estate (Residential and Commercial), Wills & Estates, and Business Law. He is most passionate about real estate, having dreamed of being a real estate lawyer since the age of five. Brendan’s client-focused approach has led to a growing and exciting law practice where his clients are served by the highest and most cost-effective services available. Originally from Kenora, Ontario, Brendan has always maintained a small-town community approach.
Brendan frequently presents on various topics relating to real estate law and is an avid volunteer in his neighborhood.