About the general power of attorney for real estate

For example, one citizen is on long-term treatment in a medical facility. And at this time he is actively selling property. It is in such cases that documents are drawn up that allow the appointment of property managers with the right to dispose. A general power of attorney for real estate with the right to sell equates the rights of the owner of the property and its manager.

What can be done with a power of attorney

Such a document gives a lot of powers to the person to whom it is issued. Transfer of real estate management can be issued for the following objects:

• living area in an apartment building;
• a private house;
• piece of land;
• capital garage;
• industrial premises, etc.

When issuing a power of attorney, you need to be sure of the person who will actually use your property. And carefully write down each clause of the contract. Most often, real estate is transferred for use by proxy for the following purposes:

• maintaining documentation in relation to the trusted object;
• signing of preliminary documents;
• the right to sign documents in relation to a trusted object;
• buying and selling real estate on behalf of the owner;
• collection of rent if the property is rented;
• receiving cash after the sale;
• pledge agreement and receipt of pledge;
• the ability to exchange one immovable object for another, etc.

In fact, in the power of attorney, you can prescribe any possibilities of the attorney. Including the right to represent the principal in state bodies. The most important thing is that they do not contradict the legislative norms of our country.

Papers such as the transfer of rights must be formalized. We do not yet have a state body for recording powers of attorney, so everything is done through a notary.

Peculiarities

There are several types of power of attorney:

• general - full disposal of real estate;
• one-time - issued to perform a specific action once;
• special - issued to perform a specific action (for example, renting out premises).

It is impossible to alienate an apartment as a gift by a general power of attorney. This action can be done only by the owner himself and no one else.

If there is a need to transfer real estate using an intermediary, it is possible to use only a one-time document. Be sure to indicate information about what they are going to give and about who they are going to give.

How long is a power of attorney valid? Most often, no more than thirty-six months (although there is no strict restriction under the law, just few of the notaries agree to put their signatures on termless documents on trust management of property).

If the period of validity is not specified during the execution of the power of attorney, by default such documentation is considered valid for one year. If at the time of registration the date was not affixed (the day when it is drawn up), then the document becomes just a paper that has no legal force.

By general power of attorney, you can transfer your powers to another person. This process is referred to in legal language as “transfer”.

How to issue

In the process of issuing a general power of attorney, the notary must be present without fail the principal. At the same time, the notary's office evaluates not only his right to draw up a document, but also his sobriety of mind and the presence of good will. The trustee and trustee may be an adult capable citizen of our country.

It is impossible to draw up a general power of attorney without identity documents from both parties.

Apart from passports, no other papers can be used in this situation. All the necessary information is written out from the passport (number, series, date, birth information, etc.).

The body of the document specifies the restrictions on the powers of the trustee - that is, all the actions that he can perform in relation to real estate after registering a general power of attorney in a notary's office.

The principal cannot resell the real estate to himself using an intermediary. Or sell real estate to the person for whom the power of attorney is issued. If there are several owners, the document is written on behalf of all together, and not from one of them.

Causes of insignificance

Anyone who entrusts his property to another person can at any time deprive him of all powers. Regardless of the period for which the general power of attorney was issued. In addition, any court will recognize it as invalid if:

• the compilation took place on behalf of a person who had not reached the "passport age" - fourteen years;
• the compilation was from a person between the ages of fourteen and eighteen, and permission was not obtained from his guardians;
• if the principal at the time of the conclusion of the transaction could not soberly assess the situation;
• if the authorized person for some reason has lost legal capacity.

In conclusion, it is necessary to note several important points again:

• the principal and attorney must be fully capable;
• the powers of the attorney cannot go beyond the limits defined by the document;
• a handwritten power of attorney is not legally valid unless it is notarized;
• the absence of at least one of the owners in the document makes it void; on behalf of minors, trustees can act, which are most often parents.

It is possible to sell a dwelling, the owner (one of the owners) of which is minor children, only with the consent of the guardianship and guardianship authorities, subject to the conditions specified by law.

Most often, a representative of a real estate company, that is, an outsider, acts as a trustee. It is necessary to carefully calculate and double-check everything so as not to lose your property and not fall under the influence of unscrupulous people and / or scammers.