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Real Estate Transaction Documents Signed Under Power of Authority - Appendix 2

Appendix 2

Last updated: March 15, 2011
 

For use where lawyer is acting for a party in a real estate transaction and the other side is signing documents under the authority of the Power of Attorney


File: Re:
  • Have you reviewed the agreement of purchase and sale and other relevant documents to determine if the transaction is being completed with the use of a Power of Attorney?
  • Have you obtained a copy of the Power of Attorney?
  • Have you confirmed with the other side that the copy is a copy of the original or notarial or certified copy of the original?
  • Have you requisitioned the delivery of a registered copy of the Power of Attorney?
  • Have you reviewed the Power of Attorney to ensure that there are no restrictions in the Power of Attorney on the powers granted that would prevent the Power of Attorney from being used in the manner proposed?
  • Have you reviewed the Power of Attorney to ensure that it meets formal requirements?
  • Have you reviewed the documents to be registered under the authority of the Power of Attorney?
  • Are there any suspicious circumstances that would require you to make further inquiries?
    • If so, indicate below:
    • If applicable, list the particulars of inquiries made and the results thereof.
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