Legal Question in Real Estate Law in Illinois

A buyer does not need to be present at a closing, however, arrangements have to be made to either have the buyer sign the loan documents prior to closing, or to have a representative with a Power of Attorney for Real Estate execute any documentation necessary to effectuate the conveyance of the property to the Buyer. The form is identified in the Illinois Statutes at 755 ILCS 45/3-3 complete with the exact language necessary to create a Statutory Short Form Power of Attorney for Real Estate. See http://gac.state.il.us/poa_act.html for more information.

You may be able to designate an attorney in fact to act on your behalf by signing a power of attorney. Depending on where you are, the document may need one or two witnesses and a notary. Some lenders do not allow borrowers to use an attorney in fact to sign loan documents, so if you are getting a loan, check with your lender well in advance of closing.