Has a family member asked you for help selling their home? There are a few things you’ll need to know.
From a legal perspective, you can’t just step up and sell a loved one’s home for them – even if you’re immediately related. Instead, you’ll need formal permission to do so. In most cases, this means obtaining something called Power of Attorney.
On top of following all the legal steps, there are also a ton of practical and logistical elements involved. So how can you manage and simplify the sale of a loved one’s home? In this blog, we’ll share tips on exactly that.
What is Power of Attorney?
Power of Attorney, also called “POA” is a legal document that authorizes an individual(s) (known as the attorney) to make legally binding decisions and take actions on behalf of another person (known as the grantor). In the context of selling a house, having POA grants the attorney the authority to handle all aspects of the sale, including negotiations, paperwork, and closing procedures.
While some people proactively appoint their spouse, family member, or friend as their attorney, it’s fairly common for homeowners to find themselves unable to manage or oversee the sale of their property without having one in place. In these instances, someone must follow the necessary steps to obtain the designation.
Note, if the owner(s) of the home has passed away, you will instead need executorship – an entirely separate designation, to sell it. If you’re in need of advice on this process, feel free to contact our team.
How to Get Power of Attorney in Ontario
Luckily, becoming an attorney is usually an easy and straightforward process. In most cases, it requires filling out a few documents provided by the Province. Occasionally, obtaining POA may require working with a lawyer, however, that’s usually only necessary in complex situations.
The Province breaks down POA into two categories: Personal Care and Property. As you might expect, if you’re looking to sell someone’s home, the POA you’ll require is Property.
If the grantor, i.e. the family member whose home you’ll be selling is still in good health, they can appoint you as an attorney using the CLEO’s online tool. Alternatively, they can download and submit this kit from the Province.
What Do You Need?
There are only a few things you need to complete your POA documents:
- The names and addresses of the person or people receiving attorney
- The names and addresses of two witnesses
- Signatures from the individual granting attorney, receiving person(s), and two witnesses
How Long Does it Take to Get Power of Attorney?
Despite being a formal legal process, receiving Power of Attorney doesn’t (usually) take a long time. In more complicated situations where you need to work with a lawyer, there can be challenges and setbacks, however, in most cases, it’s a relatively straightforward process.
If you have all of the information (and people) needed, completing the POA documentation can take as little as a half hour.
Looking for more general home selling advice? Explore these other blogs and pages from our site.
- Staging Your Home to Sell: Should You Hire a Professional?
- Home Staging and the Importance of Artwork
- The Importance of Strategic Pricing
Selling Someone’s Home on Their Behalf
Obtaining Power of Attorney is only the first step in the long process of selling a loved one’s home – especially if you’re taking on a home that’s been lived in for many years. From sorting through belongings and decluttering to making upgrades and deciding when to list the home there are seemingly endless variables involved. Making things even more complicated, you may be working with other family members who don’t see eye to eye on every detail.
So, how can you sell a family member’s home with minimal stress or hassle? By hiring a full-service real estate team that uniquely specializes in these types of sales. That’s where we come in – Mutch Property Group.
Automating the Process
Our white-glove service eliminates the headaches of selling altogether. Regardless of what your personal or familial circumstances look like, we’re able to manage your sale from start to finish. We’ll help you sort through decades’ worth of belongings, manage timelines and expectations, get the home market-ready, and of course, achieve a top-dollar sale.
Searching for a full-service real estate team to manage your home sale? Call us at 416-903-3695 or send us an email at team@mutchpropertygroup.com.
