A power of attorney for an apartment without the right to sell is issued in various cases when the owner, for some reason, cannot manage his own property. It allows you to give this responsibility to another person, but be sure that he will not sell the property: Rosreestr simply will not accept documents from him.
Let's look at what a power of attorney to manage an apartment without the right to sell is, when it is issued, whether you need to contact a notary and how much it will cost, as well as the procedure for canceling it if the owner wants to terminate it.
What is a power of attorney for an apartment with the right to dispose?
- Contents and sample of the power of attorney
A power of attorney for the right to use an apartment is issued by the principal (owner) to the attorney. In the future, he can use the property at his own discretion, but taking into account the opinion of the owner and the provisions of the power of attorney: it will indicate which actions can be taken and which cannot.
To issue a power of attorney without the right of alienation, several conditions are important:
- Age of majority of the principal and attorney, legal capacity. If one of the parties is between 14 and 18 years old, the document is drawn up with parental consent. Representatives may act independently on behalf of minor children under 14 years of age.
- The right of ownership of real estate, for the disposal of which a power of attorney is issued.
Important! According to Art. 185.1 of the Civil Code of the Russian Federation, any power of attorney for an apartment without the right to sell is subject to notarization. Instead of a notary, the unit commander can certify the document if it is drawn up by a serviceman; the head of the place of deprivation of liberty - for a person convicted of a crime; the head of a military treatment institution - for a serviceman undergoing treatment; the head of the social protection body - for an adult capable person who is supported there.
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How to draw up a general power of attorney for the sale of an apartment according to the sample?
Every citizen has the opportunity to transfer the right to represent his interests in various authorities to another person .
Thus, a real estate sale transaction can be completed by the legal representative of the owner .
A general power of attorney for the sale of an apartment drawn up according to a unified model , certified by a notary, gives the trustee extensive powers.
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Concept and types of powers of attorney
A power of attorney is a written document that authorizes one person to represent the interests of another person in various instances.
The document is drawn up in simple written form , in some cases it is valid only if it is notarized .
There are the following types of power of attorney:
- One-time . Issued for the purpose of a person performing a specific action . For example, pick up an order from a warehouse, receive a notification by mail, receive a passport, etc.;
- Special . Gives a citizen's representative the right to perform actions of a certain type within a specified period of time . For example, a bank teller receiving money during a quarter;
- General . Such documents give rights to manage property, represent interests in bodies, organizations, etc. A citizen receives practically unlimited rights to represent the interests of the principal in the territory of the Russian Federation. A general power of attorney also grants the rights to sell and receive money .
A citizen’s representative, in accordance with the law, has the opportunity to carry out transactions on behalf of the principal for the purchase or sale of the latter’s property (for example, the sale of an apartment, a car, the purchase of a plot, etc.) and receive the amounts due under concluded sales transactions .
General power of attorney for an apartment
Such a document gives the executor the authority to manage and dispose of the owner’s real estate.
The following main powers can be identified:
- Prepare and sign all documents;
- Solve organizational issues;
- Solve bureaucratic problems;
- Participate in the execution of transactions (purchase, sale, rental, etc.).
When signing a document, the owner must be aware of the full responsibility of his action - he transfers to another person the authority to dispose of his property on absolutely legal grounds.
The only exceptions are transactions of donation and will (not made by power of attorney).
A donation on behalf of the owner of the apartment can be made only if the text of the document indicates not only the granting of the right to donate, but also the name of the recipient.
The will of property takes place exclusively in the presence of the owner of the apartment and the will is signed by him personally.
How to apply?
To issue a general power of attorney, the owner must appear in person at the notary's office.
The presence of a proxy is not mandatory.
You will need the following documents:
- Owner's passport;
- Representative's passport (a copy of the passport is allowed);
- Certificate of ownership;
- Documents confirming the transfer of ownership (sale and purchase agreement, gift agreement, will, etc.).
Sample general power of attorney for an apartment.
In each specific case, the notary may require additional information . So, if it is possible to donate an apartment on behalf of the owner to a third party, then it is necessary to provide passport details of the potential recipient .
Without the above documents , the notary will not agree to certify the power of attorney, since he is authorized to personally verify the accuracy of the data presented and is individually responsible before the law in case of an error.
The price of a general power of attorney from a notary is about 2,000 rubles. But it may differ depending on the region of the Russian Federation.
The document contains the following information:
- Name (“power of attorney”), place of issue , date . The date of drawing up the document is important information, since the validity period of the power of attorney is calculated from it. After this period, the document loses legal force;
- Information about the principal (full passport data);
- Information about the authorized person (full passport details). It is important to note that the trustee can be one person, or several people at once;
- Information about the property (apartment address, area, owner certificate number);
- Detailed description of delegated powers related to the sale of real estate (submission and receipt of documents, signing of documents, representation of interests when contacting authorized institutions, implementation of the sale transaction itself);
- Duration of the power of attorney;
- Personal signature of the principal;
- Notary data , his signature;
- number in the register;
- Amount of service.
The owner of the apartment can revoke the power of attorney at any time.
To do this, he needs to contact any nearest notary office and write a corresponding application .
Sample application to revoke a power of attorney.
From this moment on, the document will lose legal force and will be declared invalid . The principal is not obliged to explain the reasons for making such a decision.
Read the article on how to correctly draw up a purchase and sale agreement.
To learn how to issue a general power of attorney for the sale of real estate, watch the video:
Availability of a realtor
Preparation of a power of attorney for the sale of an apartment is not directly related to the real estate transaction.
The document is drawn up for the purpose of delegating the owner of his rights to an authorized person .
And this person already carries out all actions related to the transaction for the sale of the apartment.
The search for potential clients who decide to purchase an apartment can be carried out both with the assistance of a real estate agency and without it .
When resolving the issue on their own, apartment buyers must, in addition to standard steps to prepare the transaction, additionally check the authenticity of the power of attorney in order to avoid unpleasant situations in the future.
In practice, contacting a realtor significantly saves the time and nerves of sellers and buyers, since it relieves them of the need to participate in all bureaucratic processes on their own.
The realtor does all the preparatory work . Participants in the transaction only need to submit the necessary documents and sign a purchase and sale agreement , on the basis of which the apartment becomes the property of the buyers after transferring the established amount to the seller.
A realtor, in cooperation with authorized persons who are not the direct owners of the property, is obliged to verify the authenticity of the presented notarized power of attorney and the compliance of all information specified in it.
There are situations when the realtor himself becomes the authorized representative of the owner of the residential premises.
When appointing a realtor as a legal representative, the principal must comply with the following recommendations:
- Contact only reputable agencies;
- Make sure the realtor's intentions are honest;
- Monitor the situation closely.
Read about the exclusive agreement for the provision of real estate services here.
Buyer's risks
A power of attorney may be invalidated under the following conditions:
- The owner's age is less than 14 years ;
- The owner is under 18 years and does not have permission from parents , guardians, or guardianship authorities;
- There was coercion on the part of interested parties;
- The principal is declared incompetent (at the time of signing the document);
- The power of attorney has expired .
A document invalid for one of the listed reasons is considered void . Accordingly, the transaction carried out on its basis is considered illegal and is canceled in court .
In this case, buyers find themselves in a situation where they are deprived of their rights to real estate and are forced the money paid through the court
Read about how to terminate a real estate purchase and sale agreement after its registration here.
Often it is not possible to return the money , since the situation with an invalid power of attorney turns out to be the result of deliberate actions of the so-called “black” realtors .
For this reason, buyers need to insist on the presence of the real owner of the property when making a transaction for an apartment.
If it is not possible to ensure the owner's presence at the transaction, it is recommended to deal only with trusted real estate agencies and check the validity submitted power of attorney .
From the point of view of the law, only authorized persons can check information on a notarized power of attorney, since such information is confidential.
The authenticity of the document can be verified by the following categories of persons:
- Notaries;
- Principal and trustee;
- Judicial authorities;
- Investigative authorities;
- Bailiffs.
Types of powers of attorney
The principal can issue any power of attorney depending on what he needs:
- One-time. Allows you to perform only one action. Immediately after this it is canceled.
- General. Gives the attorney complete freedom of action to dispose of the property; it is enough to indicate in it “without the right of alienation.”
- Special. It is drawn up when you need to make a list of similar actions. Valid until obligations are fulfilled or expiration.
Legal advice: if you need another person to “look after” the apartment legally, it is better to immediately issue a general power of attorney, making a note on it that it has no right of alienation (sale, exchange, gift).
Elena Plokhuta
Lawyer, website author (Civil law, 6 years of experience)
Duration of the power of attorney
If the power of attorney does not indicate a validity period, it is valid for one year from the date of signing (Article 186 of the Civil Code of the Russian Federation). The principal has the right to determine the term independently, as well as cancel it at any time.
Validity period of a general power of attorney for real estate - Legal Directory
He is obliged to notify the authorized person of the decision, as well as all third parties known to him who entered into legal relations with him through a representative.
If a third party, who was not properly notified of the termination of the power of attorney and should not have known about such termination, entered into legal relations with the representative under the power of attorney, the rights and obligations arise for the principal.
Thus, setting the validity period of a power of attorney until it is revoked by the principal is a rather controversial way to terminate the power of attorney and quite difficult.
If the representative is provided with a wide range of powers with an unlimited number of persons, it is practically impossible to notify all counterparties, which makes it impossible to terminate the power of attorney.
A buyer who does not re-register a car after signing a general contract also risks it.
The seller can revoke the document at any time and take the vehicle; in the event of his death, the right to own the car will be inherited by the heirs.
If the buyer dies, the contract becomes invalid and the vehicle returns to the seller.
For real estate The general agreement for real estate gives the attorney the following rights:
- prepare and execute any documentation on behalf of the principal (lease agreement, donation agreement, purchase and sale agreement, exchange agreement);
- resolve all bureaucratic issues and organizational problems;
- personally participate in transactions and sign.
Often such a notarial document is issued for a specific property with an address, a clear description of the apartment, house, and information about state registration.
Duration of the general power of attorney for real estate
Moreover, to carry out actions, a special form is used, which has several degrees of protection and is manufactured at the Goznak enterprise. In each region, the notary chamber sets its own prices, based on the all-Russian ones. Therefore, the cost of paperwork will vary significantly.
As a rule, such actions of a notary are estimated at 1500 – 2500 rubles. This is the price you should focus on. A general power of attorney is valid until the end of the period specified in it.
Source: https://allelets48.ru/srok-deystviya-generalnoy-doverennosti-na-nedvizhimost/
When is a power of attorney issued without the right of alienation?
A power of attorney for real estate management may be needed in several cases:
- If you need to resolve issues about an apartment with municipal or state authorities.
- To resolve issues with housing and communal services authorities.
- To participate in homeowner meetings where signatures are required.
- For carrying out engineering communications, concluding contracts with service organizations.
- To carry out repairs in a house or apartment, if a contractor is hired under a contract. He will not enter into an agreement with a stranger without a power of attorney.
Note: the list of actions with real estate can be anything, the main thing is to reflect it in the power of attorney with the most precise wording. It is important that they cannot be interpreted in two ways.
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How to issue a power of attorney for the right to dispose of an apartment?
The procedure for registering a power of attorney without the right of alienation consists of several stages:
- Choosing an attorney. It is important that this is a reliable person. Otherwise, the owner may have problems due to his actions.
- Visit to a notary. It's better to come by appointment. The presence of an attorney is not necessary: his passport data is sufficient.
- Signing a power of attorney and paying fees and notary services.
Finally, the notary will check and issue a certified power of attorney. It can be transferred to the attorney in any way: personally, by registered mail with a list of attachments and notification of delivery, through another person.
Contents and sample of the power of attorney
The power of attorney states:
- Full name, passport details, registration addresses, dates of birth of the principal and attorney.
- Apartment address.
- List of permissible actions of an attorney: renting out housing, obtaining documents from government agencies, etc.
- The wording “without the right of alienation”. It is not worth writing “without the right to sell”; this can be interpreted in two ways: in addition to sale, alienation of real estate is possible under an agreement of gift, exchange or rent.
- Is transference possible?
- Validity.
- Date of signing of the power of attorney.
- Signature of the principal.
- Signature and seal of a notary.
Documentation
The principal needs to provide the notary with a passport and an extract from the Unified State Register of Real Estate to confirm ownership. You will also need the attorney's passport details.
Expenses
According to paragraphs. 15 clause 1 art. 333.24 of the Tax Code of the Russian Federation, the amount of the state fee for a notary depends on the person for whom the power of attorney is issued. If for an adult son or daughter, spouse, parent, sibling, 100 rubles are charged. For a person who is not a close relative – 500 rubles.
How to cancel a power of attorney for the right to use an apartment?
Cancellation of a power of attorney is carried out in the same form as registration. The review must be certified by a notary. The principal can contact any notary office, and not just the one in which it was registered. The notary will still check the document through the register of powers of attorney and then certify the revocation. The attorney must be notified of this in advance.
Also, a power of attorney without the right to sell an apartment is canceled for other reasons:
- Expiration date.
- Death of the principal or attorney.
- Refusal of the attorney's obligations under the power of attorney.
- Compliance with the terms of the power of attorney.
Important! Cancellation is also possible if the attorney is declared bankrupt, if this deprives him of the right to represent the interests of other persons.
Do you need a purchase and sale agreement?
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Design features
Many real estate transactions are carried out using a power of attorney. But before signing this document, you need to know some of the features of its operation. Moreover, all parties to the transaction must learn about the intricacies of the work in order to be ready to perform the functions assigned by the papers.
The result of the transaction will be the transfer of rights to property from one person to another, but depending on the type of document and what conditions were specified in the paper, the number of rights varies. So, here are the most important features of transactions:
- The owner of the property has the right to revoke the power of attorney, and this right is not limited in time. However, you can use a review only until the transaction is executed. Even if the purchase/sale agreement is signed, but the money for the apartment has not been transferred, the power of attorney can be easily revoked, and this decision will be legal. But to prove the illegality of a power of attorney after a real estate sale transaction has been completed, much more effort will be required, in particular, going to court;
- The revocation of a power of attorney must be legally certified, as well as the operation to conclude it;
- Quite often, when making real estate purchase/sale transactions, there is a risk for buyers that the conclusion of the contract may be violated. That is why the share of the apartment seller by proxy is not very profitable. Buyers demand a discount, citing situations like the one described above. But the example will become irrelevant if the owner revokes the power of attorney and begins to represent his interests independently;
- Before shifting your responsibilities to someone else, you should make sure that your personal property interests are preserved. Few people can resist the temptation to take advantage of the opportunities that come their way to benefit from a real estate transaction. There is a way out - to draw up a document for relatives, but you also need to be confident in them;
- Often the trustees are representatives of a real estate agency. In this case, the property owner must leave himself the opportunity to return to his original position and revoke the power of attorney.
A lawyer’s answers to frequently asked questions about a power of attorney for an apartment without the right to sell
When can a power of attorney be invalidated?
Cancellation of a power of attorney and invalidity are different concepts. It can be declared invalid through the court if actions have already been taken on it by a minor attorney. Invalidity occurs if it is signed by an incapacitated principal, a child 14-18 years old, without parental consent, or under the influence of threats.
In practice, this is extremely rare.
I want to register my spouse in an apartment for which a power of attorney has been issued for management. Is the owner's consent required?
It all depends on the content of the power of attorney. If there is a clause about registering other people, registration is possible.
I have ½ share in the ownership. Can I issue a power of attorney for a friend so that she pays utility bills and generally looks after the apartment? Do I need the consent of the second owner?
Yes, with shared ownership, it is possible to issue a power of attorney without the right to sell. The consent of the owner of the other share is not required.
The bailiffs imposed a ban on registration actions. I'm in another city. Can I issue a power of attorney for a relative so that he can resolve issues with the FSSP?
Yes. It must be pointed out that the power of attorney gives the right to represent interests in the FSSP and the courts, as well as the right to dispose of real estate without selling.
I have been renting out apartments to people for a long time. There are problems with the HOA due to receipts. Do I have to issue a power of attorney so that the tenant can handle all issues? Or will she be accepted on the basis of a rental agreement?
Responsibility to housing and communal services enterprises lies with those for whom contracts are drawn up with them. Most often this is the owner. They will not accept people into the HOA on the basis of a rental agreement; a power of attorney is required.
Invalid power of attorney
For a document to be considered valid, it must be drawn up correctly, and the parties must be people who meet certain criteria, in particular, the parties must be adequate. In addition, it is important to prevent fraud, which is especially often encountered by people who do not understand the legal intricacies.
Any type of document can be reversed, in particular, it can be declared invalid. But for this the following conditions must be met:
- One of the parties was found incompetent by a forensic medical examination;
- If the transaction is made by incompetent citizens, that is, persons under 14 years of age, as well as teenagers from 14 to 18 years of age who do not have permission from their parents;
- If the power of attorney was signed in a state of passion, and this is proven;
These transactions are considered void. To prevent this from happening, it is also important to draw up the document correctly. It must use comprehensive information. So, the forms are filled out according to this principle:
- The first, last and patronymic names of both parties are indicated, as well as basic information about the people taking part in the transaction;
- It is necessary to indicate all the characteristics of the real estate, the rights to which are transferred;
- The powers of the person to whom certain rights are transferred according to the papers are listed;
- Also, the validity period of the general power of attorney must be indicated;
- The parties must sign the agreement;
- The next step is to get certified by a notary public.
The most controversial is the clause that specifies the powers of the parties. Disputes of this nature will need to be resolved in court. But only the information specified in the contract is taken into account, and if it is possible to refute the facts as to why particular powers were used, a substantial documentary base is needed.
As for the official validity period of the transaction and the possibility of revoking the document, the maximum validity period of the transaction is no more than three years. But the standard validity period of a power of attorney is about a year. This is explained by the fact that a legal seal is only valid for a year, and the validity of the document will not be longer. In addition, deadlines can be specified in the document itself.
If the owner is alarmed by something or doesn’t like it, he can revoke the power of attorney. The revocation is carried out with the help of the notary who confirmed the transaction. He needs to be informed that the conditions have changed and the deal is cancelled. Therefore, any rights described in the power of attorney again pass to the owner of the property.
The latest changes in legislation may not have been reflected in this article, and therefore the article may have lost its legal relevance. If you have any questions, be sure to contact our lawyer for a free consultation using the form below.
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