What Happens If the Power of Attorney Is Defective at a Florida Closing?
A defective power of attorney can delay or prevent a Florida real estate closing. Here is what makes a POA defective, what the title company will do, and how to fix the problem.
What Happens If the Power of Attorney Is Defective at a Florida Closing?
A defective power of attorney can delay or prevent a Florida real estate closing. Understanding what makes a POA defective — and how to fix it — is important for anyone using a POA in a Florida transaction.
What Makes a Power of Attorney Defective
Improper execution. The most common defect. Florida requires a power of attorney to be:
- Signed by the principal
- Witnessed by two adult witnesses (who are not the attorney-in-fact)
- Notarized (acknowledged before a notary public)
A POA that is missing witnesses, has only one witness, or was not notarized is defective and cannot be used.
Insufficient scope. The POA does not specifically grant authority for real estate transactions. Some POAs are limited in scope and may not cover buying, selling, or mortgaging real property.
Expired or revoked. The POA has been revoked by the principal or has expired by its own terms.
Principal's death. A non-durable POA terminates at the principal's death. If the principal has died, the POA cannot be used (the estate must be handled through probate).
Incapacity (for non-durable POAs). A non-durable POA terminates if the principal becomes incapacitated. A durable POA remains in effect despite incapacity.
What the Title Company Will Do
If the title company identifies a defective POA:
- Notify the parties. The title company will inform the buyer, seller, and their agents of the problem.
- Request a corrected document. The title company will specify what is needed to cure the defect.
- Delay the closing. The closing cannot proceed until the defect is cured.
How to Fix a Defective POA
Re-execute the POA. If the defect is in the execution (missing witnesses, improper notarization), the principal must sign a new POA with proper witnesses and notarization.
Execute a broader POA. If the scope is insufficient, the principal must execute a new POA that specifically grants the required authority.
Appear in person. If the POA cannot be fixed in time, the principal may need to appear in person for the closing.
FAQ
Can the closing proceed with a defective POA?
No. The title company will not close a transaction using a defective POA.
What if the principal is overseas and cannot execute a new POA quickly?
The closing will be delayed until a valid POA is obtained. This is why early submission is critical — see our post on how early to submit a POA for a Florida closing.
Can a defective POA be corrected after closing?
No. The POA must be valid at the time of closing.
Using a power of attorney for your Emerald Coast closing? I can help you coordinate with the title company to ensure the document is reviewed and approved well in advance.
— Kinsey Haddock P.A., Broker Associate | Coldwell Banker Realty — Panhandle | License #BK3253849
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Written by
Kinsey Haddock P.A.Kinsey Haddock P.A. is a Broker Associate and REALTOR® with Coldwell Banker Realty, specializing in coastal real estate across the entire Florida Panhandle — from St. George Island and the Forgotten Coast to Panama City Beach, Scenic Highway 30A, and Destin.