General power of attorney for an apartment - selling practice

In legal and real estate practice, there are frequent cases when real estate transactions are carried out by proxy, without the participation of the owners.

Types of Power of Attorney for real estate

1. One-time. Empowers the authorized person to represent the seller’s interest in state organizations, to collect documents and certificates. One power of attorney - one organization and certificate. If it is required to collect documents in several organizations, then a power of attorney is prepared for each, providing for a single action. A representative with a single power of attorney cannot make any transactions in relation to himself personally on behalf of the owner. It is issued for a period of not more than three years. If there is no deadline, then the action applies to 1 year from the date of issue.
2. Special. It is drawn up for the collection of pre-sale documents for the apartment.
3. A general power of attorney for an apartment is drawn up to transfer the right to dispose of property in full.

Any of the three powers of attorney must be notarized (the Civil Code of the Russian Federation, clause 2 of article 185).

Gender of power: what kind of document

A general power of attorney for an apartment is a serious document that allows the homeowner to carry out the desired operations, having resorted to the help of a trustee. At the same time, the customer himself may be in another country and not participate in operations. It is obligatory for all parties to know the nuances of transactions involving proxies, because in transactions with real estate in which these persons are present, many transactions are carried out under fraudulent schemes.

A general power of attorney for the sale of an apartment can be revoked by the seller several hours before the buyer pays for the purchased property. And then all transactions that were carried out after the revocation of the document will be considered invalid.

As a rule, for such a risk, buyers ask for a significant discount on purchased housing, up to 50% of its initial cost. The general power of attorney for the apartment becomes unprofitable for the seller, so he comes himself.

There are times when the seller lives abroad and cannot be present in person. An expensive flight, or there is no way to take a vacation at work, and a general power of attorney for real estate is drawn up for the next of kin.

The practice of many real estate agencies has shown that family ties do not pass the test in big money. Therefore, before the general power of attorney for the apartment is issued to the next of kin, study all the risks and the opportunity to protect your money.

More rare are cases when a document is drawn up at a realtor who is looking for buyers for housing. The seller needs to be sure of the impeccable conscience of the realtor, because even the well-known name of the agency will not give you a guarantee for the employee. The human factor of greed is always present.

For buyer

It does not bother the buyer to know that if a general power of attorney for real estate was presented, for example, an elderly person applied for a son or grandson, this does not guarantee the sanity of the principal, and it is not known whether he was aware of his actions during the execution of the document. It is possible that an elderly person will refer to kidney stones as an argument, and later turn to a neurologist, go to a psychiatric hospital for the duration of the transaction, and then come out with a certificate that will cancel all transactions.

General power of attorney for the apartment: sample

A universal sample does not exist.All powers prescribed in the power of attorney are different, depending on each specific case.

It is not forbidden by law to write a power of attorney in any form.

The main thing is that it should be certified by a notary of the same city in which the sale of housing is planned. This will help the buyer cheaper and faster verify the authenticity of the power of attorney by resorting to the services of professionals.

In what cases the power of attorney is recognized invalid

There are several situations for declaring a power of attorney invalid:

1. The seller has not reached 18 years.
2. The seller was recognized insane at the time of issuing the power of attorney: mental illness, poor memory, alcohol or drug use.
3. Seller misled. For example, a minor child aged 14 to 18 with the written consent of his guardians or parents issued a power of attorney, but did not receive the promised (after the sale of his) housing.
4. The seller wrote a power of attorney under any form of pressure.
5. The seller canceled the power of attorney.
6. The trustee himself canceled the power of attorney, but, having a document in his hands, continued to dispose of real estate and participate in transactions at his discretion.
7. The principal is dead.

The financial side of the transaction by proxy

After the sale of an apartment by proxy, the person receives the money prescribed in the document. This can be both the owner and the person inscribed in the power of attorney, as well as a third person who is not involved in the transaction. For example, by proxy from the seller, the realtor sold the apartment, but the relative (or acquaintance) of the seller received the money.