Power of Attorney to Sell Real Estate in Louisiana

Jurisdiction: Country: United States | Province or State: Louisiana

What is a Power of Attorney to Sell Real Estate in Louisiana?

A Power of Attorney to Sell Real Estate in Louisiana lets you appoint someone to sell your property. Louisiana calls this a “mandate.” Your agent is the “mandatary.” The document gives your agent express power to act for you. It is a focused, written authorization. It covers the sale and related actions.

This form is usually “special” or “limited.” It applies to a specific property and transaction. It can authorize an entire sales process. That includes listing, negotiating, signing agreements, and closing. It can also authorize receipt and disbursement of sale proceeds. You control what your agent can and cannot do.

Who typically uses this form?

Out‑of‑state owners use it to avoid travel. Military members use it during deployment. Investors use it to delegate repetitive tasks. Business owners use it when moving quickly. Anyone facing medical treatment may use it for scheduling needs. Elderly owners may use it to ensure continuity. You can also use it if you work away from Louisiana.

Why would you need this form?

You may not be able to attend the closing. You may want an experienced person to handle negotiations. You may want to keep a sale on track while you travel. You may want someone local to manage paperwork. You may also need spousal concurrence through a spouse’s power of attorney. That is common with community or family homes.

Typical usage scenarios

You live in another state and need to sell a Baton Rouge condo. You need to close before year‑end for tax reasons. You want your broker to sign a purchase agreement when you are abroad. You want your adult child to handle a Lake Charles sale while you recover from surgery. You are a landlord selling a rental and want your property manager to coordinate. In each case, this form lets your agent act efficiently and lawfully.

Louisiana has special rules for real estate. The authority to sell immovable property must be explicit. The form should clearly identify the property. It should state the agent’s power to sell. It should also allow the agent to sign the required documents. Title companies and notaries will look for clear, specific language. This is normal practice across the state.

When Would You Use a Power of Attorney to Sell Real Estate in Louisiana?

Use this form when you cannot be physically present. You may be traveling, deployed, or living out of state. You may have a busy schedule or medical needs. The form avoids delays and missed deadlines. It helps you meet closing dates and contract timelines.

Use it when you want a trusted person to run the sale. Your agent can review offers and counteroffers. They can sign amendments and closing papers. They can also coordinate with your title company and lender. This is helpful when time zones or work duties make a response hard.

Use it when the sale involves many steps. A Louisiana sale may require disclosures, affidavits, and tax forms. Your agent can sign these on your behalf. Your agent can also receive sale proceeds for you. You can direct them to deposit funds into a specific account. You can define limits and instructions.

Typical users include homeowners, landlords, and investors. Executors or succession representatives do not use this form for estate property. They need court authority instead. Tenants cannot use this form to sell property they do not own. A spouse may need to sign a separate form to concur in the sale. This is common with community property and family homes.

Use it when a fast sale is important. You might face an expiring rate lock. You may need to meet a 1031 exchange timeline. You may want to accept a cash offer quickly. You can empower your agent to act as soon as a buyer is ready. That keeps leverage in your favor.

Use it when the property is far from you. Louisiana closings still favor in‑person execution for deeds. Your agent can appear with the title company. They can handle last‑minute title requirements. They can sign revised settlement statements. They can keep the closing on schedule.

Legal Characteristics of the Power of Attorney to Sell Real Estate in Louisiana

This form is legally binding when properly executed. Louisiana requires a written mandate for real estate sales. The authority to sell immovable property must be express. The document should clearly authorize the sale. It should also describe the property precisely. A full legal description avoids disputes. A municipal address alone is often not enough.

Enforceability depends on proper form and execution. Sign the mandate before a notary and two witnesses. This creates an “authentic act.” Authentic acts carry strong evidentiary weight. They also record cleanly in parish records. Title companies expect this form of execution. If you sign outside of Louisiana, match these formalities. Many closings require two witnesses and a notary, even out of state.

Recordation matters in Louisiana. Documents affecting immovable property must be recorded. Recording the power of attorney in the parish of the property protects third parties. Title companies usually record the power with the deed. Some ask that you record it in advance. Recording puts others on notice of your agent’s authority. It supports the deed signed by your agent.

The form can be durable or not. A regular mandate ends if you become incapacitated. A durable mandate continues even if you lose capacity later. Use clear, durable language if you want continuity. If you are already incapacitated, you cannot sign a valid mandate. In that case, a court may need to appoint a curator or similar.

The mandate terminates at your death. Your agent cannot sell property after you die. Death ends the agent’s authority immediately. The sale must pause until the estate is opened. Do not rely on this form for post‑death transfers.

Spousal rights can affect the sale. Selling a community immovable or family home often requires spousal concurrence. If your spouse cannot attend, your spouse may sign a separate mandate. Title companies will check marital status. They will require the correct signatures or powers. The safest approach is to address spousal consent early.

Your agent has fiduciary duties. They must act in your best interest. They must stay within the authority you granted. They must avoid conflicts and self‑dealing. They should keep records and account for funds. You can require regular updates or a closing report. You can limit the power to a single sale and property.

Scope and clarity are key. The mandate should list specific powers tied to the sale. Include authority to sign listing agreements and purchase agreements. Include authority to sign deeds and settlement statements. Include authority to receive proceeds and pay closing costs. Include authority to handle remedies if a buyer defaults. Clarity reduces title objections and delays.

If the property is owned by an entity, confirm authority. An LLC or corporation needs company authority to sell. You might use a company resolution with a mandate. The agent may sign documents on behalf of the entity. Title companies will review the company’s governing documents. They will check that the agent is properly empowered.

How to Fill Out a Power of Attorney to Sell Real Estate in Louisiana

Follow these steps to complete the form correctly. Keep language clear and specific. Use names exactly as on IDs and title.

1) Title and purpose

• Title the document “Power of Attorney (Mandate) to Sell Real Estate.”
• State that you grant a special and limited mandate.
• Confirm it applies to the specific property described below.

2) Principal information

• List your full legal name, marital status, and mailing address.
• Include your parish and state of residence.
• Add your date of birth for identity clarity.
• Use the exact name that appears in your deed.

3) Agent (mandatary) information

• List your agent’s full legal name and address.
• Include phone and email for contact.
• Confirm the agent is over 18 and competent.
• Avoid naming someone who will also notarize or witness.

4) Co‑agents or successor agents (optional)

• If you name co‑agents, state if they can act alone or must act together.
• If you name successors, state when they may step in.
• Keep the chain clear to avoid confusion at closing.

5) Property description

• Insert the full legal description as an attached Exhibit A.
• Copy it from your recorded deed or prior title policy.
• Include lot, square, subdivision, parish, and any measurements.
• Also list the municipal address and assessor number, if available.

6) Express authority to sell

• Grant express authority to sell the described immovable property.
• State that the agent may negotiate price and terms.
• State that the agent may select a buyer and accept earnest money.
• Confirm authority to sign any related acknowledgments or affidavits.

7) Price and terms limits

• Set a minimum price, if desired, to control the deal.
• Allow the agent to adjust the price within a clear range.
• Define acceptable forms of consideration, including cash or financing.
• State whether the agent may agree to seller concessions.

8) Listing and marketing authority

• Authorize your agent to hire a licensed broker.
• Allow entry into listing agreements and marketing contracts.
• Allow staging, photography, access, and lockbox placement, if needed.
• Permit cancellation or modification of listings.

9) Purchase agreement authority

• Authorize signing of purchase agreements and counteroffers.
• Authorize signing of amendments, extensions, and waivers.
• Allow receipt and handling of escrowed deposits.
• Permit delivery and receipt of notices under the contract.

10) Title, escrow, and closing authority

• Authorize selection of a title company or closing attorney.
• Authorize the signing of title affidavits and curative documents.
• Authorize signing of the deed and any separate property affidavits.
• Authorize signing of settlement statements and closing instructions.

11) Deed form and warranties

• State whether the agent may grant a full warranty or no warranty.
• If you want a limited warranty only, say so clearly.
• If buyer financing requires warranties, permit them as needed.
• Align warranties with your negotiation strategy.

12) Proceeds and disbursements

• Authorize receipt of sale proceeds on your behalf.
• Direct net proceeds to a specific account or mailing address.
• Authorize payment of closing costs, taxes, and association dues.
• Require a final accounting to you after closing.

13) Liens, taxes, and payoffs

• Authorize payoff of mortgages and liens from proceeds.
• Authorize payment of prorated taxes and assessments.
• Authorize the signing of tax forms related to the sale.
• Authorize filing of required state or local certificates.

14) Defaults and remedies

• Authorize enforcement of buyer obligations if they default.
• Authorize release of claims or settlement, if prudent.
• Allow execution of mutual cancellation, if needed.
• Keep this power narrow to avoid overreach.

15) Tenancies and access

• Authorize giving notices to tenants for showings or move‑out.
• Authorize signing of estoppel certificates or rent prorations.
• Do not authorize new leases unless truly necessary.
• Keep focus on sales, not property management.

16) Durable mandate language (optional but recommended)

• If you want durability, state that the mandate is durable.
• Include clear language that it continues despite incapacity.
• If you do not want durability, omit this section.

17) Effectiveness and duration

• Choose immediate effect upon signing, unless springing is required.
• Title companies prefer immediate effectiveness.
• Set a clear expiration date, such as six months from signing.
• State that it ends upon completion of the sale or earlier revocation.

18) Spousal concurrence (if applicable)

• If the property is a community or a family home, address spousal consent.
• Obtain a separate spousal power of attorney if your spouse cannot attend.
• Ensure the spouse’s mandate mirrors formalities and recording needs.
• Coordinate both mandates for a smooth closing.

19) Special instructions and limits

• Add any specific limits: minimum price, warranty cap, or closing date.
• Prohibit self‑dealing unless you intend to allow it.
• Prohibit gifts or donations of the property.
• State that all powers relate only to the described property.

20) Ratification clause

• State that you ratify the lawful acts your agent takes under this mandate.
• Confirm that third parties may rely on the mandate.
• Permit third parties to accept copies or certified copies.
• This helps with bank and title company processing.

21) Governing law and venue

• State that Louisiana law governs this mandate.
• For disputes, select the parish where the property is located.
• This matches the recording parish and closing location.

22) Signatures and execution formalities

• Sign in the presence of two witnesses and a notary.
• Have both witnesses sign in your presence and each other’s presence.
• The notary should complete a notarial attestation with date and parish.
• Do not use your agent as a witness or notary.

23) Remote or out‑of‑state execution

• If you sign outside of Louisiana, still use two witnesses and a notary.
• Confirm that the notary’s commission and acknowledgment block are complete.
• Ask your title company to preclear the form before signing.
• Keep ID names consistent with the document.

24) Agent acceptance (optional)

• Include an agent acceptance line if you want added clarity.
• Have the agent sign an acknowledgment of duties.
• This is not required, but can reassure third parties.

25) Exhibit A: legal description

• Attach the full legal description as Exhibit A.
• Label the exhibit in the body of the mandate.
• Initial the exhibit and reference it in the notary block.

26) Copies and originals

• Keep the original with your agent or title company.
• Request scanned copies for your records.
• Ask the notary for certified copies if needed.
• Some clerks record only an original or certified copy.

27) Recording instructions

• Record the mandate in the parish where the property is located.
• Your title company can record it with the deed.
• If you revoke the mandate, record the revocation in the same parish.
• Recording protects you and informs third parties.

28) After signing

• Send a copy to your agent, broker, and title company.
• Provide your agent with your preferred payout instructions.
• Calendar the expiration date and any contract deadlines.
• Keep proof of delivery and acknowledgment from your agent.

29) Revocation

• You can revoke the mandate at any time while competent.
• Sign a written revocation with a notary and witnesses.
• Deliver it to your agent and key third parties.
• Record the revocation in the same parish records.

30) Signature block formatting

• Print your name as it appears on the title under your signature.
• Include date, parish, and state in the notary block.
• The notary should include the commission number and seal, if required.
• Avoid corrections; if needed, use clean initials by all signers.

Practical tips

Keep the scope narrow to the property. Keep the time window short. Use plain, explicit powers for sale steps. Match names to the deed and IDs. Confirm marital status and spousal needs early. Share a draft with your title company before signing. That prevents last‑minute roadblocks.

When your agent signs the sale documents, the signature format matters; your agent should sign on your behalf, not in their own name. A common format is: “Your Name, by Agent Name, as agent under Power of Attorney.” Louisiana notaries understand this style. Title companies expect it.

Finally, remember the mandate ends at death. It may also end upon revocation or expiration. If you want continuity despite incapacity, include durable language. If you want a single‑use power only, say it ends at closing. Clear terms will guide your agent and protect you.

Legal Terms You Might Encounter

• Power of attorney. This is the document you sign to let someone act for you. This form gives another person the authority to sell your real estate. Keep the scope focused on the sale and anything needed to complete it.
• Principal. That’s you—the person granting authority. You decide what powers to give, how long they last, and any limits. Your name and signature drive the form’s validity.
• Agent or mandatary. This is the person you appoint to act for you. In a real estate sale, the agent can sign the purchase agreement, deed, affidavits, and closing papers within the limits you set.
• Immovable property. Louisiana uses this term for real estate—land and anything attached to it. Your form should clearly connect to a specific immovable, usually by legal description and municipal address.
• Authentic act. In Louisiana practice, many real estate documents are signed before a notary and two witnesses. Title companies commonly expect a power of attorney for a sale to be in this format to accept it at closing and for recording.
• Specific authority. Authority to sell real estate is not assumed. Your form should state clearly that the agent may sell, sign the deed, and handle all related closing documents. If you want price limits or other conditions, write them in.
• Act of sale. This is the deed used in Louisiana to transfer ownership. Your agent will need express authority to sign the act of sale and any related affidavits, payoff letters, and tax forms.
• Conveyance records. These are parish land records. Recording the power of attorney in the parish where the property sits helps title companies rely on it. It also puts third parties on notice that your agent can sign for you.
• Durable vs. non-durable. A durable power stays effective if you later become incapacitated. A non-durable power ends if you cannot act for yourself. If you need the agent to carry a sale through no matter what, consider durable language.
• Revocation. This is how you cancel the authority. You can revoke by signing a revocation and notifying your agent and anyone relying on the power. Recording a revocation in the property’s parish helps close the loop for real estate matters.

FAQs

Do you need a notary and witnesses for this power of attorney?

Yes, plan to sign in front of a notary and two witnesses. Real estate transactions in Louisiana commonly require an authentic act format. Title companies and recorders expect that standard. It helps ensure the form is accepted at closing and in parish records.

Do you need to record the power of attorney?

Plan to record it in the parish where the property is located. Title companies typically ask for a recorded copy before letting an agent sign the deed. Recording also helps third parties confirm your agent’s authority.

Do you need your spouse to sign anything?

If the property is a family home or community property, closings often require the spouse’s concurrence. That can mean the spouse signs the power of attorney, a separate consent, or the closing documents. Confirm with the title company early so you avoid delays.

Do you need the legal description, or is an address enough?

Use the full legal description, not just the street address. Pull it from your prior deed, title policy, or a recent mortgage. Title companies rely on that legal description for accuracy. Your form should match exactly.

Do you have to let the agent handle everything, or can you limit it?

You control the scope. You can authorize only the sale of one property for a set price range, by a certain date, with specific terms. You can also limit the agent’s ability to handle money, change prices, or grant credits. The clearer your limits, the smoother the closing.

Do you need to give the agent the original document?

Yes, keep at least one original with wet signatures. Many closings require the original for recording. Give your agent a certified copy if you record the original early. Ask the title company which version they want at the table.

Do you need to update an old power of attorney?

If it’s old, vague, or not in authentic act form, expect questions. The more time that passes, the more likely a title company will ask for a new one. Refresh the document if your details have changed, the property description is incomplete, or the form lacks clear authority to sell.

Do you have to use a Louisiana notary if you sign out of state?

Out-of-state notarization can work if it complies with the place where you sign and meets Louisiana recording standards. Check with the title company before you sign. That avoids a last-minute redo.

Checklist: Before, During, and After the Power of Attorney to Sell Real Estate in Louisiana

Before signing

Confirm the property details:

• Exact legal description from your recorded deed.
• Municipal address and parish.
• Assessor’s parcel or tax number.

Gather owner information:

• Your legal name as it appears on the deed.
• Marital status and spouse’s full legal name, if any.
• Any name changes since you acquired the property.

Identify the agent:

• Full legal name, address, phone, and email.
• Successor agent in case the first cannot serve.

Decide the scope:

• Authority to sign purchase agreement, act of sale, affidavits, and tax forms.
• Price floor/ceiling, concessions, credits, and deadlines.
• Authority to handle earnest money and closing funds, if desired.
• Whether the power is durable or ends on a set date.
• Whether it becomes effective now or upon a condition.

Prepare execution details:

• Notary and two adult witnesses available at signing.
• Recording plan in the property’s parish.
• Where the original will be stored and who will hold it.

Coordinate with the closing team:

• Ask the title company for any required wording.
• Ask if they need the agent’s signed acceptance or ID copies.
• Confirm whether remote or out-of-state notarization is acceptable.

Collect supporting documents:

• Copy of your deed and any title policy.
• HOA, mortgage, and tax account details if the agent will manage payoffs.
• Government-issued IDs for you and the agent.

During signing

Verify names and capacity:

• Your name matches the deed and ID.
• The agent’s name matches their ID.
• Include marital status if your deed shows it.

Verify the property:

• The legal description is complete and accurate.
• Parish name is correct and consistent throughout.

Verify authority:

• Express power to sell immovable property.
• Express power to sign the act of sale and closing documents.
• Any limits on price, credits, or deadlines are clear and unambiguous.

Verify structure:

• The effective date and any conditions are stated.
• End date or event that terminates authority, if any, is stated.
• Durable language included, if you want durability.

Verify signatures and formalities:

• You sign in front of the notary and two witnesses.
• Witnesses sign in your presence and each other’s presence.
• Notary completes the notarial certificate with date and parish.
• Initial any handwritten changes.

Optional but helpful:

• Include the agent’s acceptance or acknowledgment section.
• Add your contact information for future verification.

After signing

Make copies:

• Keep at least one original with wet signatures.
• Scan a clear PDF for digital use.

Record the document:

• File in the conveyance records of the parish where the property is located.
• Note the instrument number and recording date.
• If requested, record in your parish of residence as well.

Notify and distribute:

• Send a copy to your agent and the title company.
• Provide copies to your listing agent and lender if relevant.
• Share the recording details with the closing team.

Secure storage:

• Store the original in a fireproof place.
• Document where it’s stored and who can access it.

Track status:

• The calendar has no expiration date.
• Note any conditions that trigger effectiveness.
• Update if your name, marital status, or address changes.

If plans change:

• Prepare and sign a revocation.
• Notify your agent and anyone who has the power of attorney.
• Record the revocation in the same parish records.

Common Mistakes to Avoid

• Leaving out explicit authority to sell. Don’t assume a general power covers a real estate sale. If the power to sell and sign the act of sale isn’t crystal clear, the title company may refuse it. You could face delays or a failed closing.
• Using a vague or wrong property description. Don’t rely on only a street address. If the legal description is missing or inaccurate, the recorder may reject the filing. You risk title defects that are costly to fix.
• Skipping witnesses or proper notarization. Don’t forget the authentic act format. If you sign without a notary and two witnesses, many closings will not accept the document. You might need to redo the form under time pressure.
• Not planning for recording. Don’t wait until closing day to record. If the power of attorney isn’t recorded when needed, the agent may not be able to sign the deed. Record promptly and keep proof of recording.
• Setting unclear limits or price terms. Don’t write limits that are inconsistent or ambiguous. If price floors, credits, or deadlines conflict, your agent may be stuck. Be precise so the closing team can rely on the document.
• Leaving out a successor agent. Don’t name only one agent without a backup. If your first choice is unavailable, your sale can stall. Add a successor to keep the process moving.
• Forgetting to revoke after the sale. Don’t leave broad authority hanging. If you no longer need the power, revoke and record the revocation. That reduces the risk of misuse and confusion.

What to Do After Filling Out the Form

1. Review the draft with the deed in front of you. Confirm every name, parish, and legal description matches. Check that the authority to sell and to sign the act of sale is explicit. Add any price limits or terms you want to control.
2. Schedule a signing with a notary and two witnesses. Bring your government-issued ID. Sign in front of them. Make sure the notary completes the certificate with the date and parish. Initial any edits on all copies.
3. Plan for recording. Submit the original or a certified copy to the parish conveyance records where the property is located. Keep the recording receipt and instrument number. Ask the title company if they also want a copy recorded in another parish.
4. Distribute copies. Send the recorded document to your agent and the title company. Provide it to your real estate agent so offers and contracts can route through your agent cleanly. Give your lender a copy if a payoff will occur at closing.
5. Confirm the closing package. Ask the title company whether they need the agent’s signed acceptance, ID copies, or a notary affidavit. Provide any extra pages they request early. That minimizes last-minute issues.
6. Monitor the sale. Stay available to approve offers if your power limits price or terms. If conditions change, prepare a short amendment to adjust the authority. Keep the amendment format consistent with the original and record it if advised by the closing team.
7. Close the transaction. Your agent signs the purchase agreement, act of sale, and closing statements within the authority you granted. The title company will attach or reference the recorded power of attorney in the closing file.
8. Wrap up and revoke if appropriate. Once the sale is complete, decide whether you still need the power. If not, sign a revocation and notify your agent and any parties who relied on the power. Record the revocation in the same parish to clear the record.
9. Store everything. Keep the original power of attorney, any amendments, the recording receipts, and the revocation (if any) together. Note where they are stored and who has access. Save digital scans with clear file names for quick reference later.