Question 70

The seller can sign the listing agreement for the spouse if the spouse has granted the seller power of attorney.

In this situation, the seller is able to list the house because the spouse has granted power of attorney, which allows the seller to act on behalf of the spouse in real estate transactions.

A) house was held as community property.

While community property laws may affect ownership rights, they do not provide the seller with the authority to act on behalf of the spouse in selling the house. Ownership alone does not grant the seller the legal power necessary to finalize the listing agreement without further authorization.

B) spouse asked the seller, in writing, to sell the house.

A written request from the spouse to sell the house does not constitute a legal authority for the seller to sign the listing agreement. Formal legal authority, such as power of attorney, is required to enable the seller to act on the spouse's behalf in real estate transactions.

C) spouse has granted the seller executory power of estate.

Executory power of estate typically refers to rights related to future interests in property rather than the authority to manage or sell property. This option does not provide the necessary legal backing for the seller to list the house on behalf of the spouse.

D) spouse has granted the seller power of attorney.

This option is correct because power of attorney legally empowers the seller to make decisions and sign documents, such as a listing agreement, on behalf of the spouse. This authorization is essential for the seller to act in the absence of the spouse.

Conclusion

Power of attorney is a critical element that allows one party to represent another in legal matters, including real estate transactions. While other options may suggest forms of authority or ownership, they lack the legal weight necessary for the seller to list the house. Thus, option D stands out as the only valid choice that meets the requirements of the situation.