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 $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 limited power of attorney granted by the seller allows the broker to accept offers of $108,000 or more on the seller's behalf while he is away. Since the received offer of $110,000 meets this threshold, the broker is authorized to accept it.
This choice is incorrect because the seller has explicitly provided the broker with the authority to accept offers of $108,000 or more during his absence. The limited power of attorney ensures that the broker can act on the seller's behalf without needing to wait for his return.
While it is good practice for brokers to communicate significant offers to the seller or their attorney, the seller's limited power of attorney specifically empowers the broker to accept offers directly. Thus, forwarding the offer is not a requirement in this scenario.
This option is incorrect as the broker's authority is limited to accepting offers, not executing a deed of conveyance. The signing of a deed typically requires explicit consent from the seller, which would not be covered under a limited power of attorney in this context.
In this situation, the broker is authorized to accept the offer of $110,000 due to the seller's limited power of attorney, which allows for acceptance of offers during his absence as long as they meet the specified amount. The choices that suggest otherwise misinterpret the broker's authority provided by the seller, clarifying the power dynamics in real estate transactions.
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