Power of attorney for acceptance of the apartment. Legal advice

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POWER OF ATTORNEY for the purchase of a part of a residential building in the city of __________________ ______________ (date in words) I, _______________________________________________________________, residing in __________________________________________________________, with this power of attorney, authorize _________________________________, residing in _________________________________________________________, to buy 1/2 part of a house located in _________________________________, for a price and on terms at its discretion , for which I give her the right to make statements on my behalf, sign for me, sign a house purchase and sale agreement, pay the money due for the purchased part of the house and perform all other actions related to this order. The power of attorney was issued for a period of one year with the right of substitution and is valid on ______________________ (date in words). Signature Certification inscription of the state notary office See also expert commentary

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Features from the buyer's side

There is nothing illegal if the owner's representative acts as the seller. The main thing is that the document is notarized.

Execution of a power of attorney is mandatory for each of the owners, if there are several of them. Notarization will be the next step.

The rest of the procedure is the same as regular transactions. It’s just that it’s not the owner, but the representative who is responsible for carrying out actions.

It is also recommended to clarify why the buyer himself cannot be present at the transaction. Representatives in this case are often spouses or realtors.

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A power of attorney issued by the buyer does not affect the seller in any way. If there is one, then all actions related to the acquisition of real estate will be carried out by an authorized person, but on behalf of the buyer. This does not affect the execution of the agreement for the purchase of an apartment by proxy on the part of the buyer, the final cost and other aspects.

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General information

A power of attorney form for the purchase of a residential building is drawn up when the principal lives in another city and cannot participate in the conclusion of the transaction, he is ill, or is busy at work. The document must be notarized. When a person is undergoing treatment, serving a sentence in prison, undergoing military service in another locality, or has gone on a voyage, the sheet can be certified by the heads of specialized institutions. Also, a power of attorney for the purchase of a residential building has the right to sign the consul or ambassador of the country in which the principal is located, and the head of the administrative and management unit (in localities where there is no notary office). In all other cases, the sheet is certified by a lawyer.

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A sample power of attorney for the purchase of a residential building is divided into several types:

General. This document gives the attorney the right to fully dispose of the property. Therefore, it is recommended to register it in the name of a person you trust. It is better to draw up a general sample from a notary. A specialist will help formulate the provisions in such a way as to avoid any fraudulent actions on the part of the attorney.
Buyer. Such a power of attorney form for the purchase of a residential building gives the authorized person the right to sign acts of purchase and sale and deposit money into the seller’s account. When drawing up a document, it is necessary to write down the exact address and price of the purchased item.
Sheet with the right of subrogation. The form is usually drawn up in the name of the realtor. It allows the attorney to perform one-time transactions, such as collecting the necessary official papers and submitting them to the state registration authorities. The form can be created for a maximum of three years. If this information is not specified, the act is considered valid for 12 months.

In shared construction

When purchasing a home in a new building where construction is still ongoing, you need to take a number of nuances into account. Since, from the point of view of legal norms, this object does not exist, it is not the living space itself that is acquired, but only the property rights to purchase it by concluding an agreement with a construction company.

When drawing up a power of attorney under the DDU, it is required to mention the authority to sign the transfer deed, the right to receive real estate for operation, as well as to conclude an agreement. It is advisable to indicate in the power of attorney that the representative has the right to resolve controversial situations that arise with the construction company.

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Step-by-step registration instructions

The authorized person holding the general's document has the right:

negotiate a price;
sign the contract on behalf of the buyer;
sign an application for registration of rights;
transfer payment under the DCT;
accept housing according to the act.

Read this material for more information about the rights of an attorney.

List of documents

A power of attorney for the purchase of an apartment can be issued at any notary office. The person entrusted with real estate transactions may not be present. The buyer of the apartment contacts the notary in person. The lawyer enters into the form the exact passport data, contacts of the buyer, and the authorized representative. The document authorizing the purchase of a specific apartment indicates its address. The buyer provides the lawyer with:

your passport;
passport or certified copy of the authorized representative;
home address.

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Sample

A power of attorney for the purchase of a house or apartment is filled out on a standard form by a notary's assistant. The data of the buyer and authorized representative are entered in the appropriate columns. The actions that the representative is allowed to perform are indicated.

Certification from a notary

The power of attorney must be certified by a notary office. However, in some situations, people cannot contact a lawyer. The law allows in certain cases to certify documents:

commanders of military units;
heads of colonies and correctional institutions;
commanders of long-distance ships;
consuls at Russian missions;
heads of military hospitals.

Powers of attorney certified by these persons have the force of notarization.

What is the price

The cost of the service depends on the price of housing. Certification by a notary costs from 1000 to 2000 rubles. Papers signed by officials (the head of the hospital, the commander of the ship) are drawn up free of charge.

Validity period and cancellation procedure

Powers of attorney are usually issued for a period of 3 years. If the document does not specify an expiration date, the expiration date is limited to one year. A strictly designated date does not limit the future owner of the home from the ability to terminate the document at any convenient time.

Contact the notary who issued the power of attorney.
The notary will draw up an application for cancellation. Sign it.
After signing the application, the notary will make the appropriate changes.

Additionally, you need to notify all possible counterparties about the cancellation of the power of attorney in order to avoid misunderstandings.

Power of attorney for the purchase of real estate, using any borrowed (credit) funds

I also grant the attorney the right to open and close bank accounts with credit institutions, including target accounts, with the right to dispose of funds in the account, including making settlements with the seller of the apartment and other counterparties. concluded agreements with funds in the account, withdrawal of funds.

to be my representative in all state and municipal bodies, institutions and organizations, regardless of organizational and legal forms, forms of ownership and departmental subordination, including the body that carries out state registration of rights to real estate and transactions with it, credit organizations and banks, insurance companies, real estate agencies, notary offices, bodies (organizations) carrying out technical accounting and inventory of real estate, land resources and land management authorities, tax authorities, housing maintenance organizations, before any officials located in the territory of the city _________________ and/or _____________________ region on the issue of acquiring into my ownership any apartment located in the city of __________________ or ________________________region for a price, on time and on other conditions at my discretion, including through borrowed (credit) funds.

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