Can a Buyer or Seller Use a Power of Attorney to Complete a Florida Real Estate Closing?
Yes — Florida allows buyers and sellers to use a power of attorney to sign closing documents when they cannot attend in person. But lenders and title companies have specific requirements. Here is what you need to know.
Can a Buyer or Seller Use a Power of Attorney to Complete a Florida Real Estate Closing?
Yes — Florida law allows buyers and sellers to use a power of attorney (POA) to sign closing documents when they cannot attend in person. This is particularly common on the Emerald Coast, where many buyers and sellers are out of state. But lenders and title companies have specific requirements that must be met in advance.
This post is for informational purposes only and does not constitute legal advice.
What Is a Power of Attorney?
A power of attorney is a legal document that authorizes one person (the "attorney-in-fact" or "agent") to act on behalf of another person (the "principal") in legal and financial matters. In a real estate closing, a POA allows the attorney-in-fact to sign the closing documents on behalf of the buyer or seller who cannot attend in person.
Requirements for a Valid Florida Real Estate POA
For a power of attorney to be accepted in a Florida real estate closing, it must meet specific requirements:
- It must be in writing. Verbal powers of attorney are not valid for real estate transactions.
- It must be signed by the principal. The person granting the POA must sign it.
- It must be witnessed by two adult witnesses. Florida law requires two adult witnesses who are not the attorney-in-fact.
- It must be notarized. The principal's signature must be acknowledged before a notary public.
- It must specifically authorize real estate transactions. The POA should specifically authorize the attorney-in-fact to execute deeds, mortgages, and other real estate documents.
- It must be recorded. For a POA used in a real estate closing, the POA must be recorded in the county where the property is located.
Lender Requirements for Buyer POA Closings
If the buyer is financing the purchase, the lender must approve the use of a power of attorney before closing. Lender requirements typically include:
- Prior written approval of the POA before closing
- Review and approval of the specific POA document
- Restrictions on who can serve as attorney-in-fact (some lenders prohibit the seller, the seller's agent, or the title company)
Get lender approval early. Some lenders take 1–2 weeks to review and approve a POA. A POA that is not approved in advance can delay or derail the closing.
Alternatives to Power of Attorney
If a POA is not feasible or not approved by the lender, alternatives include:
Remote closing by mail or overnight courier: The principal signs the closing documents at home and returns them by overnight courier. See our post on remote closings in Florida.
Remote online notarization (RON): Florida allows remote online notarization, which allows documents to be signed and notarized electronically via video conference.
FAQ
Does the lender have to approve a power of attorney for a buyer's closing?
Yes. If the buyer is financing the purchase, the lender must approve the use of a POA before closing. Get lender approval early.
Can the seller's agent serve as attorney-in-fact for the buyer?
Most lenders prohibit this. The attorney-in-fact should be a trusted person with no financial interest in the transaction.
Does a power of attorney need to be recorded in Florida?
Yes. For a POA used in a real estate closing, the POA must be recorded in the county where the property is located.
Closing on an Emerald Coast property from out of state? I can walk you through the POA process and connect you with a title company experienced in remote and POA closings.
— Kinsey Haddock P.A., Broker Associate | Coldwell Banker Realty — Panhandle | License #BK3253849
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Kinsey Haddock · Coldwell Banker Realty
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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.