North Carolina Real Estate Power of Attorney Form
The North Carolina Real Estate (Property) Power of Attorney is the official state document used by a principal (the person assigning power) to formally declare an agent with the power to handle their real estate matters. All powers that can be assigned with the power of attorney can be found in North Carolina statute 32C-2-204. Once the form is completed, the agent will need to hold onto it and display it to people and organizations in order to act on behalf of the principal. For example, if selling property, the principal would need to show the form to the buyer, the buyer’s agent, and all other necessary individuals involved in the selling process. The maximum length this power of attorney can remain in effect for is one (1) year.
By agreeing to act as the agent on behalf of the principal, the agent is legally required to uphold the obligations of statute 32C-1-114, which includes always acting in good faith, only acting in the powers the principal provided, and always putting the principal’s best interests first.
Signing requirements (§ 32C-1-105): To comply with North Carolina law, the principal must have their signature Notarized when signing the form. If the principal cannot physically sign the form themselves, they are permitted by law to have someone else sign for them, so long the person signs in their “conscious presence”. The agent is not legally required to sign the power of attorney.
Required information: To complete the form in-full, the principal will need to enter the following information into the form:
- The principal’s name
- The name of the agent
- The county the property is located in
- The date the power of attorney will expire (if any)
- The principal’s signature (and printed name)