For most people, buying an apartment is a very responsible and serious step. However, there are times when the buyer does not have the desire or ability to engage in the transaction personally. Then the way out is the execution of a power of attorney to buy an apartment for another person. It is very important to make the right choice of a trustee, as he will act on behalf of the buyer in such difficult situations as the choice of housing and discussion of its price. The success and result of a transaction directly depend on the industriousness, ingenuity and honesty of a person.
Power of Attorney
The most common reasons that become the basis for issuing a power of attorney to purchase an apartment are:
- Buyer's residence in another region;
- the buyer's limited mobility due to old age or illness;
- the implementation of the transaction by one of the spouses, while the property will be executed on the other.
Typically, a power of attorney is issued to a close person (relative) or a realtor.
Buyer Features
The power of attorney issued by the buyer does not affect the seller in any way. If it is, then all actions associated with the acquisition of real estate will be carried out by an authorized person, however, on behalf of the buyer. This does not affect the execution of the contract of purchase of an apartment by proxy on the part of the buyer, the final cost and other points.
Varieties
There are several types of power of attorney for the purchase of an apartment. The most widespread in legal practice is the general power of attorney, however, in addition to it, there are:
- one-time (gives the opportunity to perform one action to an authorized person);
- special (issued for the implementation of activities that are interconnected for a specific period of time).
To avoid violations by the principal, it is advisable to indicate the value of the object and its address. The power of attorney is issued along with the submission. Such a document allows the realtor to issue one-time powers of attorney. Its contents include conducting registration and providing the required documentation package.
General power of attorney for the purchase of an apartment
One of the types of power of attorney that is needed to purchase a living space is a general one. Despite the absence of this term in legislative acts, it is used even by notaries who use it in the form of the title of the form.
This type of power of attorney is a document that gives a person the right to carry out any actions designed to dispose of certain property. Often, getting it is done when selling an apartment and for its purchase.
With a mortgage
When purchasing real estate in a mortgage, it is important to indicate in the power of attorney that the authorized person has the right to dispose of mortgage funds for a specific purpose - to pay the state fee, transfer the amount by agreement, register the object, etc.
A sample power of attorney for the purchase of an apartment is presented below.
In shared construction
When buying a home in a new building, in which construction is still ongoing, you need to consider a number of nuances. Since, from the point of view of legal norms, this object does not exist, it is not directly acquired living space, but only property rights to purchase it by concluding an agreement with a construction company.When compiling a power of attorney under the DDU, reference must be made to the powers to sign the deed of transfer, the right to receive immovable property for operation, and also to conclude an agreement. In the power of attorney, it is desirable to indicate that the representative has the right to resolve disputes that arise with the construction company.
From spouse
During the execution of the power of attorney for the purchase of an apartment for a husband or wife, you need to present a certificate that confirms the conclusion of the marriage. Such a document will cost much less, since spouses are close relatives.
When using maternity capital
When buying real estate using maternity capital, it is important to indicate the person authorized to dispose of it when issuing the power of attorney. The person who will carry out the transaction instead of the buyer has the opportunity to receive and further transfer maternity capital for housing.
Powers of attorney equal to notarized power
A general power of attorney can be issued only by a notary public and only on a special form. Other types of powers of attorney are allowed to be drawn up in handwritten or in printed form, the form is free, but the principal must sign it with a notary public, and also be certified with a seal and signature.
The risks of the buyer when buying an apartment by proxy will be considered further.
There are such exceptions when the issuance of a general power of attorney becomes possible outside the notary's office, but the document has the same power as a certified and executed notary. Russian legislation endowed certain categories of authorized citizens with notarial opportunities for a reason. It happens that people due to the influence of various circumstances can not directly contact the notary, therefore, there are exceptions to the law for them. These include:
- the commander of a military unit for its employees, military personnel and their families, residents of closed garrisons;
- the head of the medical institution, if the serviceman is under treatment;
- ship captain during sailing for sailors;
- Head of a correctional facility for prisoners;
- consul or ambassador for citizens residing abroad;
- in the absence on the territory of the municipal settlement - the head of the administration.
Buying an apartment by proxy by the seller is a fairly common situation.
What is indicated in the power of attorney?
The document must necessarily contain:
- date and place of compilation;
- data of the authorized person and principal on the passport (passport details, full name, registration address and date of birth);
- actions allowed (entrusted) to principals;
- validity period of the document;
- if necessary, the right of transfer.
In which case is the document invalid?
Each power of attorney loses legal force if:
- no clearance date;
- the validity period has expired, in the absence of a direct indication of the term - one year from the date of execution;
- the principal revoked his power of attorney, you can revoke it at any time, but only through the notary who executed it;
- in case of death of the principal.
Risks of buying an apartment by general power of attorney
I must say that during the execution of such a document there are some risks for the principal, despite the fact that he can withdraw it at any time, since the authorized representative can sometimes act contrary to the interests of his principal. In this regard, it is important to approach the choice very carefully. It is recommended that you contact your closest relatives, and your spouse or maybe children who have reached the age of majority are also good. It is necessary to be 100% sure of who the power of attorney is drawn up for. It is important to know that the trustworthiness of the person you have chosen directly affects the profitability and success of the transaction.If there is a need to draw up a general power of attorney for representatives of a real estate company, you must specify the full legal name of the company and the specific person who will deal with all the documents. If problems suddenly arise, it will be clear who needs to make a complaint. After all, there are still risks when buying an apartment by proxy.
There are special fraudulent schemes on the part of dishonest realtors, so you need to find out in advance about the life of the company in the real estate market, as well as read reviews on the Internet and only then contact the services of the organization.
Estimated Cost
When issuing a power of attorney, the approximate cost ranges from one to two thousand rubles. It directly depends on the city where they are going to draw it up, and the degree of kinship between the trustee and the trustee. The power of attorney, which is issued to the wife or husband, has a lower cost. In addition, it takes into account the existence of the right of transfer, if it is, then the cost will be increased. Special and one-time powers of attorney, which are compiled independently and require only certification of a signature, cost about a thousand rubles.
Sample
POWER OF ATTORNEY
Date and place at which the notarial act takes place.
I, gr ._____________, date of birth and passport data, living at: ________, I give powers by this power of attorney
column _____________, date of birth and passport details, residing at: __________.
buy at my discretion on the terms and price of the APARTMENT, which is located at: ___________, in connection with which I grant the right to represent my interests in all organizations and institutions, including property valuation bodies, the Bureau of Technical Inventory, the Office of the Federal State Registration Service, ______________________________________ cadastre and cartography, territorial bodies of the Federal Migration Service, Land Cadastral Chamber, Committee on Land Resources and Land Management, Federal Tax Inspectorate oh services, guardianship authorities, city .____________________,
notary office, Property Management Committee, local Administration, DEZ, ZHEK, REU and other bodies, receive and submit the necessary documents, certificates and certificates, sign preliminary agreements, a deed of transfer and a contract of sale, register the transfer of ownership and the contract with the Office Federal Service for State Registration, Cadastre and Cartography on ______________________________________, with the right to obtain a certificate of state registration of law and other necessary registration documents ents, make the necessary payments, make statements on my behalf, sign for me, perform all the actions resulting from the execution of this order.
The power of attorney was issued for a period of ____________, with the right to transfer powers under this power of attorney to other persons (under this power of attorney, powers cannot be delegated to other persons).
Principal _________
When buying an apartment by proxy, the documents must be carefully checked. It is important to read the text of the contract very carefully before signing it.