Illinois Real Estate Practice Exam

For a wife to sell her principal residence while her husband is overseas, what does she need?

1. A power of attorney

2. A notarized letter from her husband

3. An affidavit from the embassy

4. A written consent from her husband

The correct answer is: A power of attorney

To facilitate the selling of her principal residence while her husband is overseas, the wife needs a power of attorney. This legal document allows her to execute the necessary contracts and agreements on behalf of her husband, ensuring that she has the authority to act in his stead. A power of attorney is essential in this scenario because it not only conveys authority but also provides a clear, documented consent that the husband has granted her the ability to make decisions regarding the property. This is particularly important in real estate transactions where contractual obligations and formalities are involved. While other options might seem like viable alternatives, they do not confer the same legal authority. A notarized letter could express the husband's wishes but lacks the legal power of a power of attorney. An affidavit from an embassy may not carry the necessary weight for property transactions, and written consent alone does not grant the wife the requisite authority to act legally on behalf of her husband. Thus, the power of attorney is the appropriate and legally recognized method for the wife to proceed with the sale in her husband's absence.