Texas had 200,961 inmates at the end of 2021, according to the National Institute of Corrections.

You will face unique challenges if your seller client is incarcerated, but that doesn’t mean you can’t work with that person to complete a successful transaction. Keep these tips in mind as you work toward closing day.

Build in extra time

Anticipate possible delays when communicating with your client, negotiating a contract, or coordinating repairs. To minimize potential delays, you and your client can discuss specific contract terms in advance to be on the same page when negotiating with potential buyers. If your client has certain minimum requirements, such as a specific sales price, the seller can instruct you in writing not to present offers that don’t meet those specific criteria. Also, you could create a schedule to regularly update your client on the status of the sale so that your client knows when to be available to discuss the transaction. Additionally, coordinate scheduling with the title company to ensure everyone is on the same page.

A power of attorney can be, well, powerful

Recommend that your client consult with an attorney to possibly create a power of attorney and obtain additional guidance on the sale. A power of attorney is a document that grants a trusted person the right to make decisions and sign documents on the seller’s behalf. Granting power of attorney isn’t mandatory but could speed up and smooth out the process. An attorney can also advise your client on specific issues such as asset protection and privacy concerns that might arise due to your client’s current situation.

Don’t expect privacy in prison

Assume any conversation you have with your client can and will be monitored in prison. Keep all discussions narrowly focused on the real estate transaction.

Discuss with the seller whether to disclose the situation

It’s possible the buyer may find out from other sources that the seller is incarcerated and may be concerned about possible delays in the process.

Disclose if something happened onsite

A seller being incarcerated is not an exception to the seller’s disclosure notice requirements. This means that the seller is still required to provide the written notice and disclose known material facts or defects related to the property. For example, a murder or the manufacturing of methamphetamine that occurred on the property must be disclosed to potential buyers.