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  #1  
Old 07-07-2004, 09:20 PM
freelancewriter
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Question

Question about power of attorney for house closing


What is the name of your state? Georgia

Today my husband and I closed on a house. Because I'm living out of state, I signed power of attorney to allow him to close for me. We had requested the refrigerator on the contract, which the sellers agreed to. At the closing, the sellers brought up the issue of the refrigerator saying they would hand over an old one (that we never saw) in the garage, but not the new one in the kitchen. My husband agreed to this, but I never would have done so. It was on the contract, and if there had been confusion, the sellers should have clarified it before they signed, much less before closing.

I have been reading the power of attorney document, and was under the impression my husband only had the authority to sign the (agreed upon) contract/legal papers for me. Did he have the authority to make a contract change without my consent? Did the poa give him that right? I'd love to find a way to get them to leave the refrigerator we had requested.

Here's what the poa stated (in part: )

>>>>>>>>.... " do authorize said attorney in fact, and do authorize said attorney in fact, for me, and in my name, place and stead to close a
real estate transaction for the PURCHASE of that certain real property known as: xxxxxxx in xxxxxx, Georgia, and to execute, seal and deliver any and all documents including but not limited
to Security Deed Note, Security Deed, Closing Statements, Truth-in-Lending Statements and affidavits required
by _______________ to close a loan in the amount of $_____________. Said Security Deed shall constitute a
first lien on the following property:<<<<<<<<<<<<<<

Can I successfully contest what happened today at closing?

Last edited by freelancewriter; 07-07-2004 at 09:22 PM.
  #2  
Old 07-07-2004, 09:33 PM
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Location: Los Angeles, California
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My response:

You said everything, and you said nothing. You left out the most important piece of information - - the exact description and identity of the refrigerator on the contract.

IAAL
  #3  
Old 07-08-2004, 08:51 AM
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So, what do you wish to do? Take legal action against your husband for potentially exceeding his authority as your attorney-in-fact when he agreed to accept the replacement fridge?
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  #4  
Old 07-08-2004, 11:52 AM
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Location: Catatonic State
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Quote:
Originally Posted by nextwife
So, what do you wish to do? Take legal action against your husband for potentially exceeding his authority as your attorney-in-fact when he agreed to accept the replacement fridge?
**A: no, the question was to contest what happened at closing.
Ok, I know where you were going.
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