Selling a parent's house with power of attorney
What the document has to allow, what you owe your parent as their agent, and what changes if they pass away before the sale.
No obligation. No pressure. Takes about 2 minutes.
The short answer
If your parent is living and signed a power of attorney that covers real estate, you can usually sign the sale papers for them as their agent. You have to act in their best interest, and the money from the sale stays theirs. In Virginia, Maryland and DC a power of attorney ends when the person who made it dies, so after a death the sale goes through the estate instead.
Step by step
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1
Read what the document actually says
Look for language about real property or real estate. In Virginia and DC, general authority over real property includes the power to sell it unless the document says otherwise. A limited power of attorney may only cover certain accounts or tasks, so read it closely.
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2
Check how it was signed
Maryland requires a power of attorney signed on or after October 1, 2010 to be acknowledged before a notary and signed by two adult witnesses, and the notary can be one of them. In Virginia, a signature acknowledged before a notary is presumed genuine. Ask the settlement company to review the document well before closing.
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3
Act for your parent, not for yourself
An agent has to act in good faith, in the parent's best interest and within the authority given, and keep records of what they do. The sale money belongs to your parent. Giving it away, even to family, generally needs express permission in the document.
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4
Keep the family in the loop
When one person holds the pen, others can feel shut out. Sharing the offer, the listing estimate and the closing numbers with siblings early heads off a lot of worry later.
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5
If your parent passes away first
The power of attorney ends at death in all three places. From then on, the executor or personal representative handles the sale through the estate, which our inherited-house pages for Virginia, Maryland and DC explain.
Sources: Code of Virginia § 64.2-1625 · D.C. Code § 21-2602.04 · Md. Code, Estates and Trusts § 17-110 · Code of Virginia § 64.2-1603 · Code of Virginia § 64.2-1612 · Code of Virginia § 64.2-1622 · Code of Virginia § 64.2-1602 · Md. Code, Estates and Trusts § 17-105 · D.C. Code § 21-2601.04 · Code of Virginia § 64.2-1608 · Md. Code, Estates and Trusts § 17-112 · D.C. Code § 21-2601.10
This page explains the general rules in Virginia, Maryland and DC. It isn't legal advice. Powers of attorney differ, so have an attorney review your parent's document before you sign anything for them.
Cash offer vs listing
Example: a $250,000 home
| Offer | $205,000 |
|---|---|
| Repairs | $0 |
| Commissions | $0 |
| Closing costs | $0 |
| You walk away with | $205,000 |
| In 7 to 14 days | |
| Sale price | $250,000 |
|---|---|
| Repairs | about $8,000 |
| Commissions | about $13,800 |
| Closing and holding | about $6,000 |
| You walk away with | about $222,200 |
| In 60 to 90 days | |
Example only. Your numbers depend on your home and market.
As your parent's agent, it helps to have the cash offer and the listing estimate side by side on paper, so you can show the family why the choice made sense.
Frequently asked questions
My parent has dementia now. Does the power of attorney still work?
In Virginia and DC a power of attorney is durable unless it says it ends at incapacity, and in Maryland a written power of attorney is presumed durable unless its terms say otherwise. Durable means it keeps working after your parent can no longer make decisions. Check the wording of your parent's document to be sure.
Can I use the power of attorney to sell the house after my parent dies?
No. In Virginia, Maryland and DC it ends when your parent dies. The sale then goes through the estate, handled by the executor or personal representative.
Can I sell my parent's house for cash as their agent?
Yes, if the document gives you authority over real estate. Because you must act in your parent's best interest, compare the cash offer with what listing could net and keep a record of why you chose. Getting both numbers is free, with no obligation.
Who are you?
We are real estate investors based in Baltimore, helping homeowners since 2016. We buy houses directly for cash. We are not a licensed real estate brokerage and do not list homes ourselves; if listing could get you more, we show you the math so you can choose.