Help with a warranty deed and power of attorney

[linny]

First let me say I did pay an attorney $100 to help me with this and all I got was him telling me he would need 2 weeks and another few hundred dollars to research the matter

I am buying a property from a man who is very elderly so his son has durable and absolute power of attorney. Both the gentleman and the son agree to sell me the property.

How do I word the seller name on the warranty deed as the son will be the one signing as seller. Here are the 2 options I thought of

1)
FOR A VALUABLE CONSIDERATION, in the amount of TEN AND NO/100 DOLLARS ($10.00) in hand and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned, John Doe Jr, attorney-in-fact for, and acting on behalf of, John Doe Sr ("Grantor"), has GRANTED, SOLD and CONVEYED and by these presents does GRANT, BARGAIN, SELL and CONVEY to Buyer ("Grantee"), all right, title, interest and claim to the following real property in the City


2) FOR A VALUABLE CONSIDERATION, in the amount of TEN AND NO/100 DOLLARS ($10.00) in hand and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, that John Doe Sr ("Grantor"), via his attorney-in-fact John Doe Jr, the undersigned has GRANTED, SOLD and CONVEYED and by these presents does GRANT, BARGAIN, SELL and CONVEY to Buyer ("Grantee"), all right, title, interest and claim to the following real property in the City


Thanks for helping

 

[Michael Wechsler]

I have seen both. Some prefer to have it written into the deed as to how the transaction ocurred and I don't think that either will cause you a problem. I'm not sure why the attorney is written into the contract. I would keep the grandfather as the grantor and you can write in a clause to the effect that son is executing the agreement via power of attorney. I would also get a separate affidavit from someone familiar with the situation who states the reasons for the need for the power of attorney so that it cannot be challenged later.

Originally posted by linny
First let me say I did pay an attorney $100 to help me with this and all I got was him telling me he would need 2 weeks and another few hundred dollars to research the matter

I am buying a property from a man who is very elderly so his son has durable and absolute power of attorney. Both the gentleman and the son agree to sell me the property.

How do I word the seller name on the warranty deed as the son will be the one signing as seller. Here are the 2 options I thought of

1)
FOR A VALUABLE CONSIDERATION, in the amount of TEN AND NO/100 DOLLARS ($10.00) in hand and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned, John Doe Jr, attorney-in-fact for, and acting on behalf of, John Doe Sr ("Grantor"), has GRANTED, SOLD and CONVEYED and by these presents does GRANT, BARGAIN, SELL and CONVEY to Buyer ("Grantee"), all right, title, interest and claim to the following real property in the City


2) FOR A VALUABLE CONSIDERATION, in the amount of TEN AND NO/100 DOLLARS ($10.00) in hand and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, that John Doe Sr ("Grantor"), via his attorney-in-fact John Doe Jr, the undersigned has GRANTED, SOLD and CONVEYED and by these presents does GRANT, BARGAIN, SELL and CONVEY to Buyer ("Grantee"), all right, title, interest and claim to the following real property in the City


Thanks for helping

 

[linny]

Thank you. I do have the original Power of Attorney that I will file with the deed.