Limited Power of Attorney
This Limited Power of Attorney ("LPOA") is made and entered into on this ___ day of _______, 20, by and between:
Principal: Name: _____________________________________ Address: ___________________________________ City, State, ZIP: ____________________________ Phone: _____________________________________ Email: ______________________________________
Agent: The Deed & Title Company, LLC. Address: ___________________________________ City, State, ZIP: ____________________________ Phone: _____________________________________ Email: ______________________________________
Notary Public: Name: _____________________________________ Commission Number: _________________________ State of: ___________________________________ County of: __________________________________
Recitals
The Principal is the owner of the property located at:
Assessor Parcel Number (APN): ___________________________________.
Address: ________________________________, City, State, ZIP: ____________________________.
Whereas, the Principal desires to list the above-referenced property for sale on the Multiple Listing Service (MLS) through The Deed Protocol's Flat Fee MLS Listing Service; and
Whereas, the Principal desires to grant limited authority to the Agent to perform certain acts on behalf of the Principal in connection with the MLS listing of the property.
Now, therefore, the Principal hereby appoints the Agent as their true and lawful Attorney-in-Fact for the limited purposes described herein:
1. Definitions
1.1 "Principal" refers to the individual granting the power of attorney and who owns the property to be listed on the MLS.
1.2 "Agent" refers to The Deed Protocol, Inc., the entity appointed by the Principal to act on their behalf under the terms of this LPOA.
1.3 "MLS" stands for Multiple Listing Service, a database used by real estate brokers to list properties for sale and share information about properties with other brokers.
1.4 "Property" refers to the real estate owned by the Principal and located at the address specified in the Recitals section of this document.
1.5 "Listing Agreement" refers to the contract between the Principal and the Agent outlining the terms under which the property will be listed on the MLS.
1.6 "Syndication" refers to the distribution of the property listing to various real estate websites to increase its visibility to potential buyers.
2. Powers Granted
The Principal hereby grants the Agent the following powers to be exercised in connection with the listing of the property on the MLS:
2.1 Listing Property on MLS:
The Agent is authorized to prepare, sign, and submit all necessary documents to list the Principal's property on the local MLS. This includes drafting property descriptions, uploading photos, and setting the listing price as instructed by the Principal.
2.2 Managing MLS Listing:
The Agent is authorized to make updates to the MLS listing as required. This includes changes to property details, descriptions, and photos. The Agent will act on the Principal’s behalf to ensure the listing remains accurate and up-to-date.
2.3 Communication with Buyers and Agents:
The Agent is authorized to receive and screen inquiries from potential buyers and buyer’s agents. The Agent will forward all legitimate offers and inquiries to the Principal promptly, allowing the Principal to make informed decisions.
2.4 Scheduling and Managing Showings:
The Agent is authorized to schedule and manage property showings and open houses. This includes coordinating with potential buyers and their agents to arrange viewing times that are convenient for all parties.
2.5 Marketing and Syndication:
The Agent is authorized to syndicate the MLS listing to major real estate websites, including Zillow, Redfin, Realtor.com, and others. This syndication ensures maximum exposure of the property to potential buyers.
2.6 Executing Additional Marketing Materials:
The Agent is authorized to create and distribute additional marketing materials as necessary to enhance the visibility of the property listing. This may include virtual tours, flyers, and social media postings.
3. Limitations and Restrictions
The authority granted to the Agent under this LPOA is subject to the following limitations and restrictions:
3.1 No Authority to Sell:
The Agent does not have the authority to negotiate, accept, or finalize any offers or sales agreements on behalf of the Principal. All final decisions regarding the sale of the property must be made by the Principal.
3.2 No Financial Authority:
The Agent does not have the authority to access, manage, or disburse any of the Principal’s funds or financial accounts. All financial transactions related to the sale of the property must be conducted by the Principal.
3.3 Duration of Power:
This LPOA shall remain in effect until the earlier of:
(a) 12 months from the date of execution; or
(b) The sale of the property and the removal of the listing from the MLS; or
(c) Revocation in writing by the Principal.
3.4 Revocation:
The Principal retains the right to revoke this LPOA at any time by providing written notice to the Agent and any relevant third parties. Such revocation shall not affect any actions taken by the Agent prior to receipt of the notice of revocation.
3.5 Compliance with Laws:
The Agent must comply with all applicable local, state, and federal laws and regulations in the execution of their duties under this LPOA. The Agent shall act in good faith and in the best interests of the Principal at all times.
4. Indemnification
The Principal agrees to indemnify and hold harmless the Agent from any and all claims, liabilities, losses, damages, and expenses (including reasonable attorney’s fees) that arise from the Agent’s actions taken in good faith under this LPOA.
5. Jurisdiction and Governing Regulations
This Agreement shall be governed by and interpreted in accordance with the laws of the State of [State Name, e.g., "California"]. Any disputes arising out of or in connection with this Agreement shall be settled through amicable negotiations. If no resolution is reached within [e.g., "30 days"], the Parties agree to submit the dispute to binding arbitration under the rules of [Arbitration Association].
6. Ancillary Provisions and Alterations
If any clause is found inconsistent with jurisdictional standards and is declared null, the Agreement's remaining provisions retain their validity. Changes or amendments warrant mutual agreement, with modifications mirrored in the IPFS-stored document and referenced in the DeedNFT.
7. Miscellaneous
Amendments: Any changes or modifications to this Agreement must be in writing and signed by both Parties.
Entire Agreement: This Agreement contains the entire agreement between the Parties and supersedes all prior negotiations, understandings, and agreements between the Parties.
Binding Effect: This Agreement is binding upon and inures to the benefit of the Parties to this Agreement and their respective heirs, executors, administrators, legal representatives, successors, and assigns as permitted by law.
8. Execution
IN WITNESS WHEREOF, the parties hereto have executed this Limited Power of Attorney on the day and year first above written.
Signature: __________________________ Date: _______________________________
Principal: _______________________________
Signature: __________________________ Date: _______________________________
Agent: The Deed & Title Company, LLC.
7. Notary Acknowledgment
State of _______________ County of _______________
On this ___ day of _________, 20, before me, _____________________________ (Notary’s name), personally appeared ______________________________ (Principal’s name), who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument, and acknowledged that they executed the same in their authorized capacity.
Witness my hand and official seal.
Notary Public Signature My Commission Expires: _______________
Disclaimer: This document is provided for informational purposes only and does not constitute legal advice. The Principal should consult with an attorney to address any specific legal questions or concerns.
Please review the document carefully and feel free to ask any questions or request modifications.
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