A seller has listed a home with a broker for $112,000. The seller is leaving for a 45-day cruise midway through the listing period, and authorizes the broker through a limited power of attorney to accept any offer of all cash at a price of $108,000 or more pending his return. The broker receives an offer for $110,000 all cash. The broker
The broker may accept the offer.
The broker is authorized through a limited power of attorney to accept any all-cash offer at a price of $108,000 or more while the seller is away. Since the offer of $110,000 meets this condition, the broker has the authority to accept it on behalf of the seller.
This choice is incorrect because the seller has granted the broker limited power of attorney, specifically allowing the broker to accept offers within the specified parameters. Therefore, the broker is not required to wait until the seller's return to act on the offer.
While forwarding the offer to the seller's attorney could be a prudent action, it is not a requirement given the limited power of attorney granted to the broker. The broker has the authority to accept the offer directly without needing to involve the attorney.
This choice is misleading because the broker's authority is limited to accepting offers, not executing a deed of conveyance. Signing a deed would typically require explicit authorization from the seller, which is not covered under the limited power of attorney.
In this scenario, the broker is empowered by the seller's limited power of attorney to accept cash offers at or above the specified price. Since the offer of $110,000 falls within this range, the broker can accept it without further delay or consultation. This illustrates how a limited power of attorney can facilitate real estate transactions even in the absence of the principal.
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