Contracts
In South Dakota, a 'power of attorney' used to execute a real estate purchase on behalf of a principal must be:
ASigned by the real estate agent representing the principal
BIn writing, signed by the principal, and typically recorded for real estate transactions✓ Correct
CApproved by the Real Estate Commission before use
DLimited to transactions under $100,000
Explanation
A power of attorney for real estate transactions must be in writing (it is a transfer of an interest in real property, subject to the Statute of Frauds), signed and notarized by the principal, and should be recorded before or at the time of the real estate transaction.
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