Definition
A power of attorney (mandate under Quebec civil law) allows a mandator (the buyer) to give a mandatary the legal power to act on their behalf for a specific real estate transaction.
Common uses: - Buyer abroad at closing (work, immigration) - Hospitalized buyer or unable to travel - Co-borrower residing in another city or province
Quebec rules: - The power of attorney must be notarized before a Quebec notary - If the buyer is abroad, it may be signed before a local notary/lawyer AND apostilled under the Hague Convention - The power of attorney must be specific to the transaction (property address, price, date) — a general power of attorney is rarely accepted - The mandatary must act in the exclusive interest of the mandator and cannot self-contract
Limitations: some lenders and mortgage insurers have restrictive policies on powers of attorney — verify in advance.