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Updated June 02, 2022

A South Carolina Real Estate Power of Attorney Form acts as a legal document detailing a property owner’s designation of principal power to their agent. Oftentimes, such written approval is mandatory by the institutions an agent represents the principal. In fact, if an agent cannot prove that he or she has been granted the principal power to represent the principal, he or she will likely be unable to carry out the directives the principal has issued. Naturally, the principal will need to execute this paperwork through a valid signature to demonstrate his or her intent after he or she has provided the information required.

Once the appointment is made and the document has been acknowledged, the agent will be able to oversee all the actions required by the principal and by law, that would be needed to care for, conduct sales, or perform other transactions regarding the concerned property. The principal will retain the right to revoke the document any time he or she believes is necessary.


Statutes South Carolina Uniform Power of Attorney Act

Signing Requirements ( S.C. Code §§ 62-8-105 , 30-5-30 ) – Two (2) Witnesses and Notary Public.

How to Write

1 – The Downloadable Template On This Page Will Enable A Principal To Grant Real Estate Powers

To appoint an Attorney-in-Fact with Principal Authority over a Principal’s Real Estate Affairs, download the paperwork on this page. You may do so by clicking one of the buttons under the template’s preview image.

2 – This Delegation’s Principal and Attorney-in-Fact Must Be Introduced

Before we begin, the County where this document is being executed must be reported on the blank line after the words “County Of” in the upper left-hand corner. The Notary Public attending the Principal Signing may insist this be filled out by him or her. If so, follow this direction. The first paragraph of this document will present some standard and required language but will request two items of information placed on the blank lines it contains. On the first blank line, fill in the Principal’s Legal Name. Then on the second blank line, report the Attorney-in-Fact’s Legal Name. This paragraph will declare that the Principal is delivering the same Authority in Real Estate he or she holds to the Attorney-in-Fact in the manner defined by this paperwork.  In addition to the Names of each individual involved, the Physical Address of the Property the Principal is delivering Principal Authority over must be recorded on the blank space after the words “…(Refinance/Purchase/Sale) Of The Property Located At”

3 – The Authority To Represent Principal Interests In Real Estate Must Be Described

There will be three basic statements that will be required to fully deliver Principal Power to an Attorney-in-Fact and they are presented in a short-numbered list. First, we will deal with appointing the Attorney-in-Fact with the Principal Authority to make decisions and carry out such decisions in terms of refinancing, purchasing, and selling a property. The Attorney-in-Fact will also be able to effect improvements and have the Principal Authority to deliver affidavits, among other things. The paragraph labeled with the number “1” will require the Physical Address of the Property the Attorney-in-Fact may act with on the two blank lines presented.  Next, in paragraph number “2,” the Principal will give the Attorney-in-Fact the Principal Authority to sign his or her Name with the purpose to Refinance, Purchase, and/or Sell a Property. This paragraph will present one blank line where the Physical Address of the Property must be reported.  Finally, paragraph number “3” will enable the Attorney-in-Fact to arrange for services or fees to be paid for regarding the Property. This paragraph will have one blank line where the Physical Address of the Property must be documented.

4 – Indicate The Determined Termination Date Of These Real Estate Powers

Principal Power enabling the Attorney-in-Fact to represent the Principal in Real Estate Matters will be active. The Termination Date of these Powers, however, must be determined by the Principal then reported using the two blank lines in the paragraph beginning with the words “This Power Of Attorney Shall Become Effective…”

5 – A Valid Principal Signature Is Mandatory To Delegate Principal Real Estate Authority

The final statement of this document supplies three blank lines so the Date when the Principal signs this document can be accurately defined by the Principal at the time of signing. The Principal must sign his or her Name on the Date he or she indicates immediately after supplying the Signature Date in the next area.  The Principal will need to sign his or her Name to place the Real Estate Powers in Effect for the Attorney-in-Fact’s use. He or she will need to sign and print his or her Name on the blank lines labeled “Principal’s Signature” and “Print.” Directly below the Principal Signature, the Attorney-in-Fact will also need to sign his or her Name then Print it on the blank lines labeled “Attorney-in-Fact’s Signature” and “Print.” The Principal Signature will need to be validated through the signature of each individual who has viewed the Principal signing this document. Each of these Witnesses will have a unique line Witness Signature line to sign (“Witness #1 Signature” and “Witness #2”). The Signature Witness must print his or her name next to the Signature on the blank space provided.  This document and its signing will need to be notarized so it may be further authenticated. An “Acknowledgment” section has been provided to give the Notary Public a space for the notarization process.