Sometimes situations arise when the owner cannot deal with his real estate independently for objective reasons. For example, he does not have the opportunity to be present in the region where the apartment is located. In this case, the legislation provides for the possibility of entrusting rights and obligations to a third party.
For this purpose, a general power of attorney for real estate with the possibility of sale is required. By the way, similar transactions involving the provision of similar rights to a car are very common. When drawing up agreements of this kind, it is extremely important to take into account all the nuances of its operation and possible consequences.
In what cases is a general power of attorney required for an apartment?
According to the Civil Code of the Russian Federation, all powers of attorney that require changes in the state register are certified by notary offices.
Any transactions with residential premises can only be carried out by a person who has the right to such transactions, i.e. this can be either the owner of the premises or a person who has a general power of attorney.
The owner, due to his employment, can entrust matters relating to certain real estate (in this case, an apartment) to another person for whom he draws up a general power of attorney.
For example, you need to perform a number of these actions:
- Collect the necessary package of documentation to perform certain actions (redevelopment of the premises, sale or exchange of an apartment, moving in or eviction of tenants);
- To transfer housing into ownership;
- To conclude contracts for the alienation of premises or purchase;
- To conclude transactions for various purposes;
- To obtain a loan from a bank, the collateral for which will be an apartment;
- To exercise the right to sign on behalf of the principal;
- Ability to manage and dispose of residential premises;
- To perform other actions.
Powers of attorney for collecting documents and representing them in organizations
A power of attorney for the collection of documents is issued with the purpose of granting authority to the representative to collect documents that are necessary to carry out the transaction. As you know, any transaction begins with collecting a package of documents necessary, in accordance with current regulations.
And everyone who has in one way or another encountered the collection of a mass of certificates and permits understands how long, complex and labor-intensive this procedure can be. In this regard, many legal entities or individuals prefer to entrust the preparation and receipt of the necessary documents to their representatives by issuing a power of attorney for the collection of documents.
Most often, the need to issue a notarized power of attorney for the collection of documents arises in the case of concluding various transactions, in particular, the purchase and sale of real estate.
In this case, agents of real estate agencies, specialists who are well versed in the specifics of the real estate market and know exactly what documents are needed to sell or purchase a house or apartment, usually become representatives under a power of attorney for collecting documents.
At the same time, a power of attorney for collecting documents can be issued in the name of any adult citizen recognized as legally competent, whom the principal instructs to collect the necessary papers. There are no restrictions in this case; the main thing is that the principal is confident that the guarantor will cope with the task assigned to him.
Design features
Today, numerous cases of fraud in the field of real estate transactions have led to the fact that citizens are afraid to sign powers of attorney for the collection of documents, believing that this provides greater opportunities for unscrupulous realtors.
However, a power of attorney to collect documents does not give the representative the right to enter into transactions, that is, to sign agreements for the purchase or sale of real estate. The authorized representative is usually only involved in collecting, processing and receiving the necessary documents on behalf of the principal in a variety of authorities and organizations.
In addition, when drawing up a power of attorney for the collection of documents, the principal can list all the powers of the representative, that is, indicate which documents he can and should collect, which authorities to contact, and so on.
The principal also has the right at any time to cancel the power of attorney to collect the necessary documents, but in advance he is obliged to notify the representative and third parties to whom the proxy represented about his actions.
Moreover, the powers under the issued power of attorney are retained until third parties and the representative learn about the principal’s decision to revoke its validity.
As we see, a citizen who has issued a power of attorney to collect documents does not risk his property, but must carefully consider all the powers that he will grant to the authorized person.
Thus, when drawing up a notarized power of attorney, the most important point remains a clear list of powers, which should also indicate the organizations in which the authorized person collecting the package of documents can be represented. It is worth noting that the only thing
The powers of the representative that can be included in the power of attorney for collecting documents:
- representation in various government bodies and institutions, for example, BTI, EIRTS, registry office, DEZ, land committee, registration service, cadastral chamber, notary office and others;
- obtaining the necessary documents, extracts, certificates and duplicates from the listed authorities;
- signing statements for the principal;
- payment of tariffs, duties, fees;
- registration and submission of documents;
- other actions related to the collection of documents to prepare for transactions.
A power of attorney to receive documents must be drawn up in writing, signed by the principal and certified by a notary.
Sample
A general power of attorney is drawn up in any form; there are no strict rules for its execution. The only thing that must be included is the date (without it the document will be considered invalid), signatures of both parties, certification and seal of a notary.
You can view a sample general power of attorney at the following link: sample
It should be remembered that there are several varieties:
- One-time – issued to perform one type of action;
- Special - permission to a certain person for a certain period of time to perform actions of one nature (for example, to receive payments from tenants for renting premises);
- General (general ) - provision to perform many different actions related to the management of the apartment, ending with the ability to dispose of it.
Design features
The powers of the representative must be registered with a notary. The document is prepared by a notary on a form. It indicates the full name of the principal and the representative.
Separate paragraphs prescribe the possibility of exercising powers to alienate property, including that which is pledged or secured by other security.
A power of attorney for sale can be supplemented by powers to exchange residential premises, sell a share in housing, and register it as an inheritance. The document indicates the full name of the notary, as well as the date of signing. A mandatory item is the validity period. It usually accounts for the time required to buy and sell real estate.
The validity period of the power of attorney, unless otherwise stated in it, is 1 year from the date of its execution. A form that does not indicate the date of its signing is void, i.e. it cannot be used to deal with issues entrusted to the citizen.
Reassignment of the original document is possible if this is indicated in the initial power of attorney. The power of attorney must be notarized.
After concluding a sale transaction, the representative has the right to apply to Rosreestr to register ownership of the property. The following documents are attached:
- property purchase and sale agreement;
- deed of transfer;
- document confirming payment of state duty;
- technical documentation for the apartment.
The state duty is 2 thousand rubles. The cost of a general power of attorney in Moscow and other cities will be 1500-3 thousand rubles. The price of document execution will be lower in state notary offices - by 500-700 rubles.
Where to apply for registration
In order to issue any power of attorney that concerns real estate, you must come to a notary office to have it certified.
You should take with you identification documents, be sure to be in full, you must enter all the detailed data of the authorized person (passport series, date of birth, residence and registration address - in general, everything that will not cause confusion later, for example, similarities in documents with another person).
Personal presence at the signing of the proxy is not required.
How to apply
In order to draw up a trust document, you need not only to fill it out according to the proposed sample, but also to do the following:
- Have it certified by a notary office;
- Collect witness confirmation for him;
- Determine the validity period; clearly and in detail describe all actions that are entrusted to a third party.
Any adult capable citizen or legal entity can act as a trustee. You also need to decide what type of power of attorney is needed.
The form can be written by hand, printed on a computer: in any case, it is drawn up in writing, a prerequisite is that it must be signed in person and be sure to indicate the date of preparation.
How to issue a general power of attorney for the sale of an apartment?
When left, each general power of attorney must be certified by a notary. In addition, transactions themselves carried out under a power of attorney must also be notarized. Otherwise, the document will not have legal force. It is better to list in the power of attorney itself all the powers that the trustee will have and the conditions under which he will be able to conduct transactions on behalf of the principal. This will eliminate the possibility of fraud.
Required documents
Documents are necessary only so that the notary can certify the drawn up power of attorney. For this you will need:
- identity card of the principal;
- identity card of the trustee;
- documents for the apartment.
The document needs:
- Fill in all information about both parties.
- Indicate exactly what powers the trustee will have.
- Specify the validity period of the document.
- Specify the rights of the trustee.
Contents of the power of attorney
The power of attorney is drawn up according to the following principle:
- At the top it is indicated what kind of document it is. This is how you need to write “Power of Attorney”, without this it is invalid.
- The maximum complete information about the principal, all his passport data, is listed.
- All information regarding the object of the power of attorney is rewritten.
- Next, indicate the passport details of the trustee.
- After this, it is listed what actions the trustee has the right to with the apartment. In this case it is buying and selling.
- Then the period during which the document is valid is entered.
- The signature of the principal is affixed.
- The notary's details and his signature are rewritten.
One power of attorney can be drawn up for several representatives at once.
To correctly draw up a document, first consult with the lawyers on our website.
Price
To draw up a power of attorney you do not have to spend virtually any financial resources. The agreement is drawn up and filled out voluntarily and free of charge for each party. All you have to pay for is the services of a notary who will certify the document. Their cost will be up to two thousand rubles. It all depends on the region. It may cost less in some parts of the country. If you count the costs of registering a sale and purchase, you get about 12 thousand rubles.
Step-by-step instruction
- To issue a general power of attorney, you must contact a notary. For this purpose, the principal and the authorized representative are required to have a passport of a Russian citizen;
- Discuss in advance and decide what exactly is entrusted to the trustee: complete disposal of the apartment or the performance of certain actions;
- In case of registration, you need to know that the principal can dispose of the entire property and sign for three years (unless otherwise provided by the contract);
- If you trust to perform certain actions with the apartment, it is better to issue a one-time power of attorney. In this case, the trust relationship will terminate immediately upon completion of the specified and agreed upon work;
- The power of attorney can be revoked at any time. If cancellation does not occur, then it will be valid for 3 years. This applies only to a general power of attorney.
Basic provisions
For a variety of reasons, it may happen that the owner will not be able to independently resolve all matters relating to a particular transaction. In this case, a general power of attorney is often issued, transferring the corresponding broad powers to the authorized person.
⚠️In fact, it is a legal document that allows the trustee to act on behalf of the principal when performing various civil transactions.
As for real estate, through such a document the authorized person will have the right to carry out almost any transactions with it that are permitted by law. For example, on behalf of the owner, the object can be sold, rented, donated, etc.
To achieve this goal, a person will be able to perform various manipulations. Namely, to draw up the required documentation, establish terms and amounts under contracts (amount of rental payments, amount of sale of an apartment, etc.), resolve various issues, both bureaucratic and organizational in nature, etc.
️❤️We recommend reading about the conditions under which relocation from emergency housing is possible
Since a general power of attorney for the sale of real estate includes a truly broad range of powers, the property owner must carefully select a candidate for the role of trustee. If the attorney turns out to be unscrupulous, then his actions may lead to the loss of property and the formation of debts.
The letter of the law puts forward only two requirements for the trusted person:
- ⚡️age of majority;
- ⚡️full capacity.
⚠️If a property has several owners, then they can delegate their powers by issuing a power of attorney jointly or separately. If the apartment belongs to a minor, then a legal representative acts on his behalf.
Risks
According to experts, buyers are very wary of purchasing residential premises from people who work by proxy. It is in such situations that deceptive transactions associated with fraud occur. Forms of documents are very often forged and a forged signature is placed on them.
For the seller of a residential property, it is considered a big risk that the buyer, after signing all the documents, may not pay the money in full, and a trusted person must be responsible for all the nuances.
An apartment owner may risk finding a legally illiterate realtor. In this case, the apartment will quickly fall into the hands of scammers, and it will be very difficult to return it.
In what cases is a power of attorney invalid?
There are cases in which a power of attorney may be invalidated:
- It may be recognized as such by a court decision:
- The person to whom the document is issued is declared legally incompetent;
- The design contains abbreviations of words, corrections, and there is no date;
- If the transaction is concluded with a minor;
- If the trust document is made only for appearance, in reality a different transaction was made.
When making transactions under a power of attorney, various troubles and nuances may occur, but if it is drawn up correctly with a detailed indication of fiduciary actions , while maintaining control over what is happening, then everything will go smoothly and without unforeseen troubles.
