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Michael, acting under a power of attorney for his elderly mother, signs a real estate purchase agreement in California to sell her home in Pasadena for $850,000. For the contract to be enforceable under California law, which requirement must the power of attorney meet?

Correct Answer

D) The power of attorney must be notarized and contain specific authority to sell real property

Under California Probate Code §4121-4128, a power of attorney authorizing the sale of real property must be notarized and should grant specific authority to convey real estate. A general power of attorney may not be sufficient for real property transactions unless it specifically includes that authority.

Answer Options
A
The power of attorney must be filed with the California Department of Real Estate
B
The power of attorney must be renewed annually with the county recorder's office
C
The power of attorney must be witnessed by two disinterested parties and a licensed attorney
D
The power of attorney must be notarized and contain specific authority to sell real property

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Related Topics & Key Terms

Key Terms:

power_of_attorneynotarizationreal_propertyProbate_Code_4121
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