Dec312025
Real Estate Q&A Series

How can I get a power of attorney to sign a real estate purchase agreement on behalf of a co-owner? – North Carolina

Short Answer

In North Carolina, a co-owner’s attorney-in-fact can sign a real estate purchase agreement if the power of attorney (POA) actually grants authority for real estate transactions and the signature is made in a legally acceptable form. For closing-related documents that transfer an interest in real property, the POA (or a certified copy) generally must be recorded with the Register of Deeds in the proper county. If the POA holder will not respond, the practical solution is usually to set a firm deadline through the listing side and be prepared to terminate under the contract if the seller side cannot deliver all required signatures.

Understanding the Problem

In North Carolina, can an attorney-in-fact sign a real estate purchase agreement for a co-owner, and what must happen for that signature to be accepted so the transaction can move to closing? When a property has multiple co-owners, the purchase usually cannot close unless each co-owner (or a valid representative acting under a power of attorney) signs the contract and later signs the deed and other closing documents. The key decision point is whether the power of attorney is valid for real estate and whether the attorney-in-fact will timely sign in a form the closing attorney and lender will accept.

Apply the Law

North Carolina allows a person acting under a power of attorney to execute instruments for the principal, including instruments connected to real estate transactions, as long as the POA grants that authority and the agent signs in a legally sufficient way. For documents that transfer real property (most importantly, the deed), North Carolina law generally requires the POA (or a certified copy) to be recorded with the Register of Deeds in the appropriate county before the transfer is executed by the agent. Even when a contract can be signed, the closing side typically still needs the POA reviewed and recorded so the deed can be signed and recorded without title problems.

Key Requirements

  • Real estate authority in the POA: The POA must actually authorize the attorney-in-fact to handle real estate matters for the co-owner (the “principal”). If the POA is limited (for example, only banking), it may not work for a purchase agreement or deed.
  • Proper signature format by the attorney-in-fact: North Carolina permits the agent to sign either the principal’s name “by” the agent, or to sign as agent/attorney-in-fact for the principal. The signature block should clearly show the principal and the agent’s role to avoid rejection by the closing attorney, lender, or Register of Deeds.
  • Record the POA for the real property transfer: Before a transfer of real property executed by an agent under a POA, the POA (or a certified copy) generally must be recorded in the Register of Deeds office in the county where the principal is domiciled or where the property is located, with cross-references if needed.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The property is co-owned by three individuals, and only two have signed the offer to purchase. If the third co-owner’s attorney-in-fact has a POA that includes authority to handle real estate transactions, that attorney-in-fact can sign the purchase agreement in a proper signature format. Even if the contract gets signed, the transaction still commonly stalls unless the POA is provided to the closing side early and recorded as needed so the deed can be executed and recorded without title objections.

Process & Timing

  1. Who files: Typically the closing attorney or the attorney-in-fact (or the principal) arranges recording. Where: The North Carolina Register of Deeds in the county where the principal is domiciled or where the property lies. What: The original POA or a certified copy suitable for recording, plus any required recording cover sheets used by that county. When: Ideally before the attorney-in-fact signs the deed and other transfer documents; in practice, it should be handled early in the closing process to avoid last-minute delays.
  2. Contract execution step: The attorney-in-fact signs the purchase agreement using a clear signature block showing the principal’s name and the agent’s capacity (for example, “Principal Name, by Agent Name, attorney-in-fact”). The buyer side should request a copy of the POA immediately so the closing attorney can confirm it covers real estate authority.
  3. Closing step: The attorney-in-fact signs the deed and other closing documents in the same legally sufficient form, and the deed is recorded. If the POA is recorded in a different county than where the deed is recorded, the deed typically needs to reference the POA recording information (book/page/county) so the public record ties the authority to the transfer.

Exceptions & Pitfalls

  • POA does not cover real estate: A general-looking POA may still be limited. If it does not authorize real estate transactions (or is otherwise restricted), the attorney-in-fact may not be able to sign the purchase agreement or deed.
  • Outdated, revoked, or ineffective POA: A POA can be revoked, can expire under its own terms, or may not be effective until a triggering event (depending on how it was drafted). Any of these issues can stop a closing.
  • Recording and cross-county issues: If the POA is recorded in one county but the deed is recorded in another, missing recording references can create delays at recording or title objections that must be cured before funding.
  • Signature block problems: If the attorney-in-fact signs only their own name without showing agency capacity, the document may be rejected or treated as ambiguous, forcing re-signing.
  • Non-response is not a legal workaround: If the attorney-in-fact simply will not respond, there is usually no quick “buyer-side” fix. The seller side may need to replace the agent (if the principal is competent and willing), obtain direct signatures, or address capacity/guardianship issues depending on the reason for non-response.

Conclusion

In North Carolina, an attorney-in-fact can sign a real estate purchase agreement for a co-owner if the power of attorney grants real estate authority and the agent signs in a legally acceptable form. For the deed and other transfer documents, the power of attorney (or a certified copy) generally must be recorded with the Register of Deeds in the proper county, and the deed may need to reference that recording. The most important next step is to obtain the POA immediately and have the closing attorney review it and arrange recording before the closing deadline.

Talk to a Real Estate Attorney

If a co-owner’s power of attorney is holding up a North Carolina closing, our firm has experienced attorneys who can help identify what signatures and recordings are required and what options exist under the contract timeline. 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.

Category: Real Estate Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.