New Mexico Real Estate (Property) Power of Attorney Form
A party who has agreed to serve as the Agent to a New Mexico Real Estate (Property) Power of Attorney is lawfully required to uphold a number of responsibilities when acting in their role. Fundamentally, the Agent agrees to attend to any real estate tasks the Principal (the party who executed the Real Estate Power of Attorney form) has listed in the form. In doing so, they must, as per the “Agent Duties” found in § 46B-1-114:
- Act in accordance with the Principal’s reasonable expectations to the extent actually known by them and, otherwise, in the Principal’s best interest,
- Act in good faith, and
- Act only within the scope of authority granted in the Power of Attorney.
State Laws & Signing Requirements
State Laws – Uniform Power of Attorney Act
Signing Requirements (§ 45-5B-105) – It is a requirement that a Power of Attorney is signed by the Principal before a Notary Public or another individual who is authorized by law to take acknowledgments. Another individual can sign on the Principal’s behalf in their conscious presence, as long as the Principal directs them to do so.