Dr. Karen  Lewis, Broker 954-2489149, No Compromise When it Comes to Our Clients! (K1 Realty Group)

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Rainmaker
862,728
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

This depends on the circumstances. Would you have access to the seller to confirm that the contract reflected their wishes, and that they came to this agreement freely and of sound mind? I might run it by an attorney to make sure that everything was on the up, but this is not necessarily a problem if the parties are indeed all on the same page. Then again, in this day and age there should be no reason that the seller cannot sign for themself. I would want to know why the seller could not sign, to begin with, at any rate.

Jan 25, 2018 02:19 AM
Rainmaker
820,847
Pete Xavier
Investments to Luxury - Pacific Palisades, CA
Outstanding Agent Referrals-Nationwide

Careful, it could be...https://youtu.be/kR6pxe8jaMs!

Jan 24, 2018 11:01 PM
Ambassador
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Debe Maxwell, CRS
www.iCharlotteHomes.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
The right Charlotte REALTOR!

This is absolutely an attorney question but, like you, I would certainly not have done it without cousel.

Jan 25, 2018 05:12 AM
Rainmaker
1,703,275
Anthony Acosta - ALLATLANTACONDOS.COM
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

I would call my closing attorney and ask for legal advise how to handle this matter and then talk to the buyer.

Jan 25, 2018 05:00 AM
Rainmaker
6,316,374
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

An obvious conflict of interest.

Jan 25, 2018 04:58 AM
Rainmaker
3,862,160
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

I don't know anything about Forest Gump's numbers... then again I may be one of the only people in the universe who never saw that movie. So I'm mystified. But your description of the situation is too vague. Sounds weird that the same person was signing for both buyer and seller... but if the POA was legit, it was legit. 

Jan 25, 2018 03:59 AM
Rainmaker
1,197,546
Joyce Marsh
Joyce Marsh Real Estate LLC - Daytona Beach, FL
Joyce Marsh Real Estate LLC - Coastal Properties

I would need more information to make a decision but would also consult with our Corporate Counsel 

Jan 25, 2018 03:11 AM
Ambassador
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Fred Griffin Tallahassee Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

       You could sign contracts, offers, etc. for both Buyer and Seller with a POA.  But when it comes time to sign the DEED, the title company or title attorney is going to bring it to a screeching halt...   because most POAs in Florida are revocable.   That Deed may later be declared invalid.

   See an attorney for legal advice, etc.

Jan 25, 2018 06:59 AM
Rainmaker
5,570,474
Barbara Todaro
RE/MAX Executive Realty - Retired - Franklin, MA
Previously Affiliated with The Todaro Team

and that's why every client we deal with has an attorney.... our rule.

Jan 25, 2018 05:14 AM
Rainmaker
258,917
Lesley Wilson-VanGoethem
Innovative Realty Solutions Group - Winter Springs, FL
Residential Real Estate Broker Associate

Sounds too risky, I agree, RUN,,,,

Jan 25, 2018 05:01 AM
Rainmaker
1,707,197
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

I only do POAs on minor items like signing off on a lead based paint addendum.

Jan 25, 2018 04:06 AM
Rainer
213,163
Dennis Swartz
Full Circle Property Management - Columbus, OH
MBA, GRI...experience counts!

Yea, that's trouble.

Jan 25, 2018 02:07 AM
Rainmaker
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Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • Green • GRI • HAFA • PSC Calabasas CA

I'd be calling CA lawyers first, it is very interesting situation, but I do not see why it has to be illegal. 

Jan 24, 2018 11:14 PM
Ambassador
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Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Dr. Karen Jones Lewis, Broker - yes, Run Forrest Run...

Jan 24, 2018 11:10 PM
Rainmaker
3,985,765
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

I would look very carefully and see f any other she were possible

Jan 25, 2018 10:48 AM
Ambassador
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Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate

If it smells like a rat ... no, thank you. 

As you have stated, there is more to this than you can share. Others, attorneys, title, etc. have said no.  That is enough for me.  Why risk it?

Jan 25, 2018 09:59 AM
Rainmaker
1,356,628
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

Just based on what little you've posted my "spidey sense" is tingling.  Sounds like a potential for elder abuse or elder fraud... which is all too rampant and often has these exact elements to it.  Kudos for listening to your inner spirit.

 

There is the chance it could be legit, but I'd want an outside lawyer to investigate it and I'd want their name and license on the line too.

Jan 25, 2018 09:23 AM
Rainmaker
5,317,625
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

You did the right thing.

Jan 25, 2018 08:52 AM
Rainmaker
708,861
Richard Bazinet /MBA, CRS, ABR
West USA Realty - Scottsdale, AZ
Phoenix Scottsdale. Sellers, Buyers & Relocations

First, check with your state rules. You cannot charge a fee for document preparation in many states.

The buyer and the seller is the same person - with a seller POA? That makes not much sense. No can do. Go to an attorney.

It could be legit, and maybe this party has no clue what to do. Go attorney.

Jan 25, 2018 08:25 AM
Rainmaker
2,605,204
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Escrow would comment well on that. Also wording to the effect as you described would/should become part of the contract if one moves forward

Jan 25, 2018 07:12 AM
Rainmaker
1,441,127
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Dr. Karen Jones Lewis, Broker A big conflict of interest here. Listen to your attorney.

Jan 25, 2018 06:13 AM
Rainmaker
865,281
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

There are circumstances where is this expected.

It is a job for attorneys.

Jan 25, 2018 05:47 AM
Rainmaker
4,799,256
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

This does appear to be a conflict.  I would go with an attorney.

Jan 25, 2018 05:43 AM
Rainmaker
3,292,823
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

I have only seen that when transferred to a trust or LLC or taken out of one. But no way the buyer should be signing for the seller? If they did come to me, i think i would speak to the seller first to find out, what and why. 

Jan 25, 2018 05:37 AM
Rainmaker
2,007,969
Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

Not the type of deal I would be interested in either 

Jan 25, 2018 05:33 AM
Rainmaker
3,069,584
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Time for an attorney!

Jan 25, 2018 05:29 AM
Rainmaker
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Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Time for the introduction of an attorney to this transaction. Let him opine on the transaction!

Jan 25, 2018 05:19 AM
Rainmaker
3,835,459
Richard Weeks
Dallas, TX
REALTOR®, Broker

Would need more information before I made a decision.  Possibly have 3 appraisals done and then average for a final sales price.

Jan 25, 2018 05:17 AM
Rainmaker
803,897
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

Sound like you are right to be careful.

Jan 25, 2018 05:07 AM
Rainmaker
827,158
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

More info and time needed to verify poa was done properly and recorded, etc. Seller would need to be contacted as well.

Jan 25, 2018 04:54 AM
Rainmaker
3,499,668
James Dray
Fathom Realty - Bentonville, AR
Exceptional Agents, Outstanding Results

I believe Forest cold not run away from that deal fast enough.  RUN FOREST RUN!

Jan 25, 2018 04:34 AM
Rainmaker
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Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Good luck.

Jan 25, 2018 04:26 AM
Rainmaker
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Valeria Mola
SIB Realty - Miami, Sunny Isles Beach - Sunny Isles Beach, FL
305-607-0709 SIB Realty Condos for Sale and Rent

I just read this question year later. 

I wonder, how that solve.

Happy New Year.

Jan 01, 2019 12:22 PM
Ambassador
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Mike Frazier
Carousel Realty of Dyer County - Dyersburg, TN
Northwest Tennessee Realtor

Sorry I cannot help because I would be just like you for sure!

Feb 23, 2018 01:53 PM
Rainer
482,347
Bruce Kunz
C21 Solid Gold Realty, Brick, NJ, 732-920-2100 - Howell, NJ
REALTOR®, Brick & Howell NJ Homes for Sale

Hi, Dr. Karen Jones Lewis, Broker. I agree this is a very unique and something to run from. Listening to your 'inner spirit' and attorney should keep you out of trouble for sure.

Thank you for sharing & Good luck!

Bruce

 

Feb 23, 2018 01:24 PM
Rainmaker
4,692,415
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Sounds a bit risky to me, I might have passed.

Jan 27, 2018 06:26 AM
Ambassador
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Bob Crane
Woodland Management Service / Woodland Real Estate, EXP - Stevens Point, WI
Forestland Experts! 715-204-9671

I would have asked a lot of questions, and had a talk with the seller and their attny to see why they would give the buyer a poa.

And if the seller did not have an attny I would have insisted that they get one, something that I did for a friend who was about to buy another friends property this past summer, averted a real disaster there.

Jan 26, 2018 09:25 AM
Ambassador
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Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

That is very odd. I cannot see how the agent can sign for both and also be the agent for both.

Jan 25, 2018 07:58 PM
Rainmaker
1,163,445
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
& Host of Postcards From Success Podcast

Whole thing sounds legally disastrous, good you ran.

In a situation like that, I'd have had an associate rep the buyer and taken a referral fee and stayed arm's length from the buyer. Assuming you were the listing agent here?

Jan 25, 2018 07:06 AM
Rainmaker
577,189
Gloria Valvasori, Accredited Senior Agent
BETTER HOMES AND GARDENS REAL ESTATE SIGNATURE SERVICE - Mississauga, ON
REAL Experience | REAL Commitment | REAL Results!

I have never heard of this scenario before, and I would not proceed at all... you could really end up in a lot of trouble...

Jan 25, 2018 05:50 AM