Whether to trust powers of attorney?
to Participants of the transaction often happen too burdensome to take personal part in all stages of preparation and transaction with real estate that, as we know, takes a lot of time. In this case they have the right to entrust the representative to work from the person and to pass all way - from collecting necessary references before receiving money and documents of title.
the Power of attorney - the written authorization issued by one person to other person for representation before the third parties (Art. 185 of the Civil Code of the Russian Federation). If in the power of attorney all powers of the representative are specified commission of operation with concrete real estate, such power of attorney is called general. Experts advise nevertheless not to issue anybody the general power of attorney on the transaction with the apartment, and to be limited only to an assignment for collecting all necessary references and documents. In this case you should spend significantly less time - you will have to be present at delivery of documents for state registration, at their receiving and at bank at mutual settlements.
the Power of attorney has to be surely certified by the notary. It must be kept in mind that in some establishments the certified copy of the power of attorney so it is better to stock up with such copies beforehand will be required. It is the most convenient to make it at the notary at once.
the Form of the power of attorney can be rather free, but always has to contain:
- date and the place of delivery
- full passport data of the principal and that person to whom accurate transfer of powers of the representative (including the exact address of object of the transaction)
- period of validity of the power of attorney
- the autographic signature of the principal, the signature and the press of the notary.
In actions of representatives restrictions exist:
- they cannot make transactions on behalf of the principal concerning themselves personally (for example, the buyer of the apartment cannot be the representative of the seller and vice versa)
- the representative to transaction cannot represent at the same time both parties (i.e. to act on behalf of both the seller, and the buyer).
in a situation when the apartment acquired by you is on sale by proxy, it is necessary to show special vigilance. It is not excluded that after completion of the transaction the former owner of the apartment (principal) will appear and will demand to recognize purchase and sale invalid for the following reasons:
- He did not receive that money on which he counted or did not receive them absolutely.
- It repealed the power of attorney before when the transaction was made.
- He is a disabled person (but on the account in PND does not consist) and therefore could not exercise all the rights (for example, in time to repeal the power of attorney etc. ).
- He considers that he during signing of the power of attorney did not realize the actions. whether
when in the secondary market there are a lot of “pure“ apartments? If all of you - made the decision to buy housing which is on sale by proxy try not to forget about important details at paperwork: > It is desirable for p to look at
- on the owner who gave the power of attorney and on his documents.
- to Visit the notary at whom the power of attorney is issued and to check that number in the register coincides with number in the power of attorney, and also to be convinced that it is not cancelled.
- If the owner is abroad and the power of attorney is certified by the foreign notary, to check the apostille legalizing the notarial act.
If to you does not manage to carry out verification of above-mentioned points, it should be taken into account that the transaction becomes for you much more risky.