How can a power of attorney sign a home sale contract and deed on behalf of a seller who can’t sign in person? – North Carolina

Short Answer

In North Carolina, an attorney-in-fact (agent) can sign a home sale contract and the deed for a seller if the power of attorney (POA) actually grants authority to handle real estate and the signing is done in an acceptable form. For the deed and other recordable closing documents, the POA (or a certified copy) generally must be recorded with the county Register of Deeds, and the deed should reference where the POA is recorded. The agent must sign in a way that clearly shows the signature is on behalf of the seller and must follow the notary and recording requirements used at closing.

Understanding the Problem

In North Carolina, can an attorney-in-fact sign a purchase agreement and a deed for a seller who cannot sign in person, and what steps are required so the closing can move forward? The decision point is whether the power of attorney gives the agent the right authority to bind the seller for a real estate sale and whether the closing documents can be signed and recorded in a way the Register of Deeds will accept. This issue often comes up when a transaction is otherwise ready to close, some parties have already signed, and the remaining signature must be completed through a power of attorney.

Apply the Law

North Carolina allows an agent acting under a valid power of attorney to execute documents for the principal, including documents used to transfer real property, as long as the agent is acting within the authority granted. For recordable instruments like deeds, North Carolina has specific recording rules for powers of attorney used in real estate transfers, including where the POA must be recorded and how the deed should cross-reference that recording. North Carolina law also recognizes common signature formats showing the agent is signing for the principal.

Key Requirements

Real estate authority in the POA: The power of attorney must actually authorize the agent to sign documents for the sale and conveyance of real property (not just pay bills or handle banking).
Proper signature form (showing agency): The agent must sign in a way that clearly indicates the signature is made on behalf of the seller as principal, not in the agent’s personal capacity.
Recording compliance for closing documents: Before a deed signed by an agent is recorded, the POA (or a certified copy) generally must be recorded in the proper county Register of Deeds office, and the deed should include the POA’s recording information when required.

What the Statutes Say

N.C. Gen. Stat. § 47-43.1 (Execution and acknowledgment by attorneys-in-fact) – Allows an agent to sign either in the principal’s name (by the agent) or as agent for the principal, and recognizes the agent’s seal if a seal is used.
N.C. Gen. Stat. § 47-28 (Recording powers of attorney affecting real property) – Requires recording the POA (or a certified copy) for real property transfers and requires the deed to reference the POA’s recording details in common recording scenarios; noncompliance can be an infraction but does not automatically invalidate the conveyance.
N.C. Gen. Stat. § 39-12 (Power of attorney of married person) – Confirms a married person can execute a POA affecting property without the spouse joining in the POA, and addresses when a spouse’s acknowledgment is not required for that POA.

Analysis

Apply the Rule to the Facts: The transaction is waiting on a signature for the seller (the principal) and will be signed through an agent using a power of attorney. The key questions are (1) whether the POA grants the agent authority to sign a purchase agreement and convey the property by deed, (2) whether the agent will sign the contract and deed in a form that clearly shows agency, and (3) whether the POA (or a certified copy) will be recorded and properly referenced so the deed can be recorded without avoidable delays.

Process & Timing

Who files: Typically the closing attorney or the party handling recording for the closing. Where: The Register of Deeds in the North Carolina county where the property is located (or another county permitted by statute, depending on the principal’s domicile and the property location). What: Record the power of attorney (or a certified copy) and prepare the deed and other closing documents to reference the POA’s recording information as needed. When: Record the POA before recording the deed in the normal course, to avoid recording rejections and closing delays.
Contract signature: The agent signs the purchase agreement using a signature format that shows the agent is signing for the principal (not personally). Parties should also confirm the contract matches the vesting name that will appear on the deed and closing documents.
Deed and closing package: The agent signs the deed and other recordable documents with proper notarization, and the deed is recorded with the Register of Deeds along with the required POA recording cross-reference (book/page/county) when applicable.

Exceptions & Pitfalls

POA is too limited or outdated: Some POAs do not grant authority to sell or convey real estate, or they limit gifts/transfers or require extra conditions. A closing can stall if the POA does not clearly cover signing a deed and related closing documents.
Signature block confusion: If the agent signs only their own name without showing they are acting for the principal, the document can create avoidable disputes or recording issues. Using a clear agency signature format helps prevent that problem.
Recording mismatch: A common delay happens when the POA is not recorded where required, or the deed lacks the correct book/page/county reference to the recorded POA in situations where the statute calls for it.
Notary and execution details: Deeds must meet notarization and execution requirements used for recordable instruments. If the notary certificate, names, or capacity language do not match the POA and vesting, the Register of Deeds may reject the recording until corrected.
Spousal and marital-rights issues: A POA can be valid even if the principal is married, but the closing still has to address any required spousal signatures or waivers for the deed based on how title is held and the specific transaction documents.

Conclusion

In North Carolina, an attorney-in-fact can sign a home sale contract and deed for a seller who cannot sign in person if the power of attorney grants real estate authority, the agent signs in a clear representative capacity, and the power of attorney (or a certified copy) is recorded and properly referenced for recording of the deed. The most important practical step is to record the POA with the appropriate Register of Deeds before the deed is recorded and to use a compliant signature format on the closing documents.

Talk to a Real Estate Attorney

If a closing is waiting on a power of attorney signature for a seller, small document or recording details can cause big delays. Our firm has experienced attorneys who can review the POA, confirm the signing format, and coordinate recording so the transaction can proceed. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.