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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44191
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Pearl, Thanks for taking my query. I used to have a few

Customer Question

Pearl, Thanks for taking my query. I used to have a few properties in Cleveland, Ohio. Due to the agents dreadful mismanagement and my chance in finances i have been unable to get things back on track. She has recently presented me with a power-of-attorney contract. She claims it is the only document the judge will accept on my behalf as being able to legitimately evict the current tenants. i had a friend investigate the property. it has been absolutely trashed, they have been living their for the last 6 months without paying a cent in rent as well as impossible to evict.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Sure - the house is in Clevenland, Ohio. USA.The question is if i sign the power of attorney, it seems as though all control is handed over to the agent. there is a clause stating " and the receipt of my Attorney-in-Fact shall operate as a complete release of all parties so dealing with him/her. This is concerning to me
JA: Has anything been filed or reported?
Customer: the agent claims she has been to court twice regarding the eviction but is being held up as not having the legal power to evict. i want the tenants gone but i need to know that her power can be revoked at my discretion.
JA: Anything else you want the lawyer to know before I connect you?
Customer: It's urgent??? thanks
Submitted: 6 months ago.
Category: Australia Law
Expert:  Leon replied 6 months ago.

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Expert:  Leon replied 6 months ago.

By going them a power of attorney they can act for you. Make sure that it is restricted to the litigation to evict them and not to deal with the property in any other way.

This way you know that they cannot sell the property or borrow money etc.

I am not sure what the agency agreement says but if they are not given a POA under that agreement then they are correct and they need one from you.

I hope this makes sense and is of assistance. if there is nothing further Happy New Year and

Thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

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Customer: replied 6 months ago.
Thanks Leon.
Can POA be revoked quickly and easily. I don't want to get the agent offside at the moment. The principle goal is get the horrible tenants out of the house, clean it up and sell it.
How difficult (what is required) to annul/cancel/revoke POA?
Expert:  Leon replied 6 months ago.

Good Evening.

One the litigation is over you can have t revoked.

Usually you send them a letter revoking the POA. But if it is restricted just to the current litigations it is useless after the litigation is over.

Customer: replied 6 months ago.
Last question.
Is the revocation effective immediately (upon receipt)? Is an email revocation legally binding or is a more formal means of serving required?
Expert:  Leon replied 6 months ago.

Here is some information from a lawyer in Ohio