General Power of Attorney vs. Specific Authorization in Real Property Sales
Synthèse Legislator
Généré par l'IAA dispute arose when an agreement to sell real property, signed by an agent acting under a general power of attorney, was later challenged as void because the agent lacked specific authorization to sell the property, which was a disposition. The court upheld the validity of the sale, reasoning that a general power of attorney, which grants the agent the power to "administer the assets" of the principal, implicitly includes the power to perform acts of disposition necessary for proper management, especially when the acts performed by the agent are within the scope of the authority usually conferred by such general powers and the third party acted in good faith.
Regeste Legislator
Généré par l'IAGeneral Power of Attorney vs. Specific Authorization in Real Property Sales: The court upheld the validity of the sale, reasoning that a general power of attorney, which grants the agent the power to "administer the assets" of the principal, implicitly includes the power to perform acts of disposition necessary for proper management, especially when the acts performed by the agent are within the scope of the authority usually conferred by such general powers and the third party acted in good faith.