Legal Question in Real Estate Law in California
''seller'' vs. ''owner''
i am entering into a real estate transaction and the sale documents refer to the other party as the ''seller''. does that mean they are the owner. i have heard that if the seller is not the owner they have to record a power of attorney. is there a statute that requires filing the POA? if so, what is it called? if not, is there a legal difference between the words seller and owner? thank you for your help.
1 Answer from Attorneys
Re: ''seller'' vs. ''owner''
If the person entering into the real estate sales agreement is not the owner of the property, they must have a power of attorney. Because the agreement for the sale of real estate must be in writing, the power of attorney authorizing a third person to make the agreement must also be in writing. (Civil Code sections 1624 subd. (a)(3) and 2309.)
Most title companies will also require the power of attorney to be recorded, if the person holding the power of attorney will be signing the deed to the property. If the power of attorney is revoked, the revocation is not effective unless the revocation is also recorded. (Civ. Code section 1216.)
You need to be careful about entering into a real estate purchase agreement with a person who does not have "title" to the real property you are purchasing. I call these things scams, and they happen all the time. If this person does not have title, and does not have a power of attorney that is valid, then you need to get out of this deal ASAP, and speak to a qualified attorney before you do it.
Very truly yours,
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