In real estate transactions, it is possible that a party to the Agreement of Purchase and Sale, such as the Purchaser or the Seller, may be unavailable when the transaction actually closes to execute the required legal documentation.
Many clients are moving to the city and unable to travel to Ottawa for signing or, even if they live in Ottawa, they may be away for business or pleasure.
Advise us immediately if you will be unavailable to attend one of our offices on or before closing to execute closing documents
. Depending on the circumstances, our recommendations may include: appointing an attorney by way of Power of Attorney to execute the documents on your behalf; changing the closing date; or we may require that you make arrangements to meet with a lawyer in the jurisdiction where you are located to execute the closing documents.
A Power of Attorney in this context will allow you to appoint someone to act on your behalf concerning your property, it is called a "Power of Attorney for Property".
Important Note to Purchasers
Please note that certain financial instutions (i.e. banks) may not accept signing by way of Power of Attorney. As such, in a purchase transaction, you must discuss with your bank prior to having a Power of Attorney prepared whether or not they will accept that your attorney sign on your behalf the closing documents.
Preparing and Executing a Power of Attorney for Property in the Real Estate Context
If you are interested in preparing such a Power of Attorney we request that you complete the Power of Attorney section of our Wills & Power of Attorney Questionnaire and return it to our office. You can submit the completed Questionnaire either by facsimile (613) 837-7664, by email or in person at one of our convenient locations. Please ensure to advise us whether you intend that the Power of Attorney be "Continuing" or "Non-Continuing" (see our Power of Attorney page for more information).
Once we have received your completed Questionnaire, it usually takes one to two business days to prepare drafts and set up appointments for signatures. We can however accommodate emergencies and vacations. Your appointment will be with either Jacques Robert or Sarah Morgan.
For the appointment, we will require that you bring two pieces of identification (at least one with photo and at least one showing your signature). Acceptable ids include: driver's licences, permanent resident cards, passports, Ontario new photo id cards, credit cards, and birth certificates. If you do not have adequate identification, please contact us well before the closing date to discuss.
For additional information regarding Power of Attorneys, click here.