General power of attorney for the purchase of an apartment

Summary

1. I want to buy an apartment with a mortgage in another region, but there is no opportunity to travel yet.
Can I issue a power of attorney for a purchase to a friend who is in that city? 1.1. Hello, yes it is possible. The power of attorney must be executed by a notary. Using it, your friend can register everything you need in your name.

2. My niece is a resident of Ukraine. She received an inheritance, a room in a communal apartment in Moscow. She made a power of attorney for me to “accept the inheritance and manage all documents.” Now we want to sell this room, but we don’t know who else is registered in this apartment. One room belongs to the city and is sealed, the other is inhabited by a tenant. Question - how can I send letters of first refusal to purchase to the owners. Thank you.

2.1. You can take an extract from the Unified State Register of Real Estate, or send it to apartments by registered mail with notification. No response is equivalent to a refusal.

3. My grandmother is planning to move from another city to live with me. Her apartment will be sold, after which a new one will be bought in my city. Since we live far away at the moment, I plan to buy a new apartment. Tell me, is it possible to draw up such a power of attorney under which I could purchase an apartment for my grandmother in her name? And the second question, can she draw up a power of attorney in her city using a photocopy of my passport? Thank you.

3.1. Hello! Yes, of course, the answer to both questions is yes. Article 185 of the Civil Code of the Russian Federation.

3.2. Hello. That's exactly how it's done. The power of attorney specifies what actions the principal (grandmother) entrusts to his representative (you). The original passport of the representative is not required when drawing up a power of attorney, and a copy is just useful - to check the correctness of the data, so as not to redo the power of attorney later.

4. My wife and I decided to buy an apartment in another city and decided that she would be the owner. The seller of the apartment has children in his share. The transaction must take place with the natary. The seller purchases a new apartment using a mortgage. The seller’s lawyer insists that I, as a spouse, give a notarized power of attorney to my wife to purchase an apartment.

4.1. Apparently, this does not mean a power of attorney, but a notarized consent of the spouse to the purchase. Yes, indeed, if a transaction is subject to mandatory notarization, such consent is necessary.

Clause 3 Art. 35 RF IC For concluding a transaction by one of the spouses

When disposing of property, the rights to which are subject to state registration, a transaction for which
a mandatory notarial form
, or a transaction subject to mandatory state registration, it is necessary to obtain the notarized consent of the other spouse.

4.2. Hello, Alexander Leonidovich, The spouse’s consent to purchase an apartment is a document that guarantees that the transaction will not be challenged by the spouse who did not personally participate in the purchase. Good luck to you!

5. My wife and I decided to buy an apartment in another city. We decided that she would be the owner of the apartment. Do I need a power of attorney to conduct any transactions? Can she entrust the deal to buy an apartment to our daughter?

5.1. Sozontov Alexander Leonidovich! Your wife has the right to acquire property without your consent. It will still be the common property of the spouses without a marriage contract. In order for your daughter to complete the transaction, your wife must give her a notarized power of attorney to purchase an apartment in her name.

Selling an apartment in another city by proxy

Good afternoon Is it possible to sell an apartment in another city with a power of attorney issued to the parents? There are 4 shares in the apartment: 1/3 mine, 1/3 my spouse, the rest is divided into 2 shares of minor children. All owners agree that the apartment is being sold to purchase housing in another city. I'm the only one registered there. What is needed for this?

Answers from lawyers (3)

• 8.0 rating
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You need to contact a notary to draw up a power of attorney.

• 10.0 rating
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To do this, you need to contact a notary and draw up a power of attorney with the appropriate powers.

“Civil Code of the Russian Federation (Part One)” dated November 30, 1994 N 51-FZ (as amended on July 3, 2016) (as amended and supplemented, entered into force on October 2, 2016) Civil Code of the Russian Federation Article 185. General provisions on the power of attorney (as amended by Federal Law No. 100-FZ dated 05/07/2013) (see text in the previous edition) Positions of the highest courts under Art. 185 of the Civil Code of the Russian Federation >>> 1. A power of attorney is a written authority issued by one person to another person or other persons for representation before third parties. 2. Powers of attorney on behalf of minors (Article 28) and on behalf of incapacitated citizens (Article 29) are issued by their legal representatives. 3. Written authority to carry out a transaction by a representative may be presented by the represented directly to the relevant third party, who has the right to verify the identity of the represented and make a note about this on the document confirming the authority of the representative. Written authorization for a representative of a citizen to receive his deposit in a bank, to deposit funds into his deposit account, to carry out transactions on his bank account, including receiving funds from his bank account, as well as to receive correspondence addressed to him in a communications organization may be presented directly to the bank or telecommunications organization. 4. The rules of this Code on powers of attorney also apply in cases where the powers of the representative are contained in an agreement, including in an agreement between the representative and the represented, between the represented and a third party, or in a decision of the meeting, unless otherwise established by law or contrary to the essence of the relationship . 5. If a power of attorney is issued to several representatives, each of them has the powers specified in the power of attorney, unless the power of attorney stipulates that the representatives exercise them jointly. 6. The rules of this article accordingly apply also in cases where a power of attorney is issued jointly by several persons.

What is required when selling an apartment by power of attorney{q}

In conditions of well-founded distrust of transactions without the presence of the owner, people who really need to sell an apartment, but at the same time they simply physically cannot participate in the process, turn out to be vulnerable. This happens if the seller is abroad, undergoing long-term treatment in a medical facility, in military service, on a long voyage, or, for example, in prison. There is nothing left to do but find a responsible trusted person and entrust all matters to him.

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Sometimes it is not even possible to get to a notary, and then the power of attorney can be certified by the chief doctor of the hospital, the commander of a military unit, the captain of a ship or the head of a penitentiary institution. Unfortunately, the discount in such cases is usually greater than with notarization, since there is even less trust in such documents.

It is necessary to verify the identity of the person acting on the basis of the power of attorney. He must present not only a power of attorney, but also his personal passport. It is important that it includes a record of registration at the place of residence. Full information about the seller is also required, including passport details and place of residence.

If a power of attorney is issued for the sale of an apartment, notarized registration is required. It is not required in most cases, but in the case of selling real estate you cannot do without it.

Review the power of attorney carefully. It is advisable to make a copy of this document and seek advice from an experienced lawyer. It is important that its validity period does not expire or come to an end by the time the transaction is concluded. The power of attorney must clearly state all actions that the trustee can take on behalf of the principal. These are actions such as putting signatures on documents, making changes to the price and terms of sale.

As for the procedure for buying and selling real estate, it is no different from cases when the transaction is concluded in the personal presence of the parties.

https://www.youtube.com/watch{q}v=1sW9CL7HH1M

Thus, when selling an apartment by proxy, there are serious risks not only for the seller, but also for the buyer. Both parties are risking money and ownership of the property. And if, in the event of violations on the part of the trustee, the seller can cancel the transaction through the court and return the rights to ownership of the apartment, it is not always possible to get his money back.

Is it possible to buy an apartment by proxy?

Buying an apartment by proxy from the buyer is an excellent solution for those who, for some reason, do not want or cannot deal with the registration themselves . Meanwhile, purchasing a home is a responsible step, and not everyone can be entrusted with such a task . After all, often a trusted person not only contracts to draw up documents for you, but also to find an apartment, and even bargain for it. To ensure that a power of attorney transaction does not become your mistake, we will analyze in detail what a power of attorney is, to whom and how it can be issued.

Printing does not know distances

A buyer, say, from Khabarovsk and a seller from Moscow will not necessarily have to meet each other in person. But, of course, you will have to come to the notary. The new format may be especially convenient for those who left their hometown a long time ago, but still own the apartment. Or you inherited housing in another region.

Until now, in order to resolve legal issues with real estate on the other side of the country, you had to go directly to the place. Or issue a power of attorney to someone local. But now everything will become easier.

“A new possibility is being introduced to perform notarial acts by several notaries. This is relevant for those cases when the law requires that the agreement must be concluded in the form of a single document signed by both parties, and the parties are located in different cities,” said Denis Novak, Deputy Minister of Justice of Russia.

Now, if you need to sell an old house in another region, you don’t have to travel there. The transaction can be completed remotely with the help of two notaries

That is, the procedure for preparing for a transaction will remain the same: each of the notaries will examine the documents presented, check the real will of the person, whether he understands what he is getting into and whether he wants it. The notary will explain the legal consequences of the transaction, etc.

But the certification of the contract itself will take place online, through a secure communication channel of notaries specially developed for this purpose.

Immediately after the transaction is completed, the notary working with the buyer of the property will send electronic documents for registration of property rights to Rosreestr. The applicant will receive confirmation of registration within one business day. Moreover, registration is free for citizens. As before, information about the transaction will be stored in the Unified Notary Information System, which eliminates the possibility of forgery.

It is important that the notaries participating in the certification of the transaction bear joint and several full property liability for the result of their actions. If the guilt of a particular notary is established, responsibility rests with him. But in any case, the parties to the transaction are guaranteed 100% compensation for damage if it arose as a result of a notarial error.

“There is every reason to believe that performing remote notarial acts will create a secure and barrier-free digital environment for reliable electronic transactions,” noted FNP President Konstantin Korsik. “I would like to emphasize that these and other projects based on the use of IT technologies in the legal field are being developed and implemented within the framework of the special government program “Digital Economy.” The notary in the context of digital transformation is an institution that not only guarantees citizens the protection of their rights, but also provides a new, qualitatively higher degree of convenience and speed in performing legally significant actions.”

What is a power of attorney

A power of attorney is a document by which one person transfers part of his powers to another. The reasons why a power of attorney may be issued are varied. For example, it is necessary to carry out certain actions that are better entrusted to a professional so that the result is predictable. A power of attorney is always drawn up in writing, and if it concerns real estate, it is certified by a notary .

You can entrust the purchase of a home to another person if:

• you live in another city;
• your health condition does not allow you to personally handle registration;
• There is simply no time or desire to deal with paperwork.

Usually, the purchase of an apartment by power of attorney is entrusted to a realtor or a relative - the future co-owner.

How to issue a power of attorney to purchase an apartment

The document is drawn up personally by a notary according to the following algorithm:

• you provide a document on ownership of the selected apartment (this document will be provided by the seller), your passport and the passport of your authorized representative;
• explain the purpose of the power of attorney - purchasing an apartment in your name (it is better to clarify the address of the apartment, the number of rooms and the price);
• pay the state fee;
• The notary gives you a document on a special form.

You can see the power of attorney for the purchase of an apartment here , a sample.

Instead of a notary, in some cases the power of attorney can be signed by:

• commander of a military unit (if the buyer is a military man, an employee of a unit, or lives in a closed military town);
• the head of a military hospital or sanatorium (or his deputy, or the doctor on duty, if the buyer is a military serviceman and is undergoing treatment);
• head of the colony (if the buyer is still in prison);
• director or head physician of a nursing home, boarding school or other social security institution (if an adult capable buyer is located there).

The notary must include the following conditions in the document:

• where and when the power of attorney is drawn up;
• passport details of the buyer and the trustee;
• purpose of the power of attorney;
• for how long the document is issued;
• Is it possible to entrust the purchase to a third party?

Beware, scam

If you plan to purchase an apartment by proxy, there are risks on the part of the buyer of meeting with unscrupulous realtors. Here are the most common mistakes made by trustees:

1. Usually there are a lot of people in notary offices, so neither the notary nor his assistant will always be able to distinguish real documents from fake ones. As a result, it may turn out that you draw up a power of attorney, transfer money to a trusted person, and in the end you will be left without money and without housing. Tip: pay the seller in person!
2. A trusted person can buy you an apartment with a dowry - rented or mortgaged. Then you may become a debtor to the bank or an eternal rent payer. Advice: request a recent extract from Rosreestr for the apartment - it indicates all encumbrances .
3. The seller may be more than one owner, but only a joint shareholder. This means that you can become the owner of not the entire apartment, but only part of it. Advice: look at the same extract - who is the real owner of the apartment, is he the only one, is there consent to the sale from the seller’s wife/husband .

This will protect you from another type of fraud . For example, a preliminary agreement is concluded only when the property right has not yet been registered, for example, in the case of registration of an inheritance. As a result, after the transfer of money, legal heirs may appear and demand the return of the apartment.

Purchasing an apartment by proxy from the buyer only then will not cause you trouble if:

• trusted - a reliable, trusted person (look at reviews on the Internet, ask your friends);
• you will at least somehow control the purchase (require an extract from the Unified State Register, a draft purchase and sale agreement);
• You will transfer the money personally to the seller.

Risks for the buyer

...for the buyer

When purchasing an apartment from the seller’s authorized representative, the following risky circumstances arise:

• An issued power of attorney can be revoked at any time, and the law does not even require the need to inform the authorized person about this. To cancel a power of attorney, it is enough to contact any notary. The authorized person may not be aware that his power of attorney has been revoked. An agreement concluded under a power of attorney, which has no legal force, will be declared invalid.
• A power of attorney may be revoked due to the death of the principal, which may also not be known to the authorized person in a timely manner. Such a transaction will also be declared invalid and terminated, and the apartment will be returned to the relatives of the deceased seller.
• The power of attorney may be revoked if the fact of insanity or incapacity of the principal at the time of its preparation is proven. In addition, the trustee may also be declared insane or incompetent at the time of concluding the transaction, which will also lead to its cancellation.
• The transaction may be postponed due to the disappearance of the principal until the transfer of funds for the purchase. This issue may drag on for a long time - until the court declares him missing.

These are the most likely risks arising from the provisions of the law. As practice shows, in reality these risks are less likely than concluding a transaction with a trusted person and principal who are fraudsters. Their only goal is to deceive the buyer, which will ultimately lead to the latter being deprived of both money and real estate.

...for the seller

The risk of losing funds that a trusted person will appropriate for himself and disappear with them. It is impossible to guarantee that the trustee will properly fulfill all of his agreements. Therefore, most often a power of attorney is issued to close relatives, friends, and in some cases it can be issued to realtors to conclude a transaction.

Therefore, it is not recommended to issue a general power of attorney to the representative for any actions with the property. The safest option would be for the principal to issue a power of attorney for individual actions step by step, as they are completed. So, at any stage of the transaction, the seller can control the progress of its implementation, make adjustments, and even replace the authorized representative or complete the transaction independently.

If you are planning to buy an apartment that is being sold by proxy, you should be very careful.

The risks of the Buyer (principal) here are usually associated with the fact that the trusted person, contrary to the definition, turns out to be unworthy of trust. And it is obvious that the Buyer will have the greatest risk in the event of issuing a general power of attorney to purchase an apartment. There is always room for creativity from scammers.

For example, an authorized person, in collusion with the Seller, can purchase an old, cheap apartment in the Buyer’s name, instead of a new and expensive one. At the same time, the funds under the transaction are transferred to the Seller as for an expensive apartment.

The buyer risks that his money will not be spent exactly as he expected. And he will no longer be able to challenge the purchase of an apartment made by proxy on this basis.

In addition, a trusted person may, even without malicious intent, due to carelessness or legal illiteracy, confuse some details of the assignment. As a result, the Buyer (principal) will have those legal consequences of the transaction that he did not expect.

What is the recommendation for the Buyer here? If the matter does not concern intra-family trust, then unless absolutely necessary, you should not issue a power of attorney (especially a general power of attorney) for such a serious matter as buying a home. Especially to strangers (including agents).

At the same time, power of attorney for registrars when purchasing an apartment is a common market practice. This often happens, for example, in alternative transactions, when a package of documents for several apartments at once is assigned to be registered (by proxy from all participants) to one executor, for example, a realtor or lawyer. Here the Buyer risks practically nothing, and such a power of attorney for registration will not cause him any harm.

In other cases, when registering a power of attorney for the purchase of an apartment on the part of the Buyer, he himself should think about the following questions:

1. The scope of powers transferred to the trustee (what exactly to entrust and what to limit the trustee);
2. Choosing an apartment (who selects options and who determines the final price);
3. Choosing a payment method for the transaction (who and how transfers money to the Seller);
4. Signing the Apartment Purchase and Sale Agreement (who formulates the terms of the transaction and draws up the agreement);
5. Registration of the transaction in Rosreestr and acceptance of the apartment according to the Transfer Deed (who will physically accept the apartment and sign the deed).

Everything is simple here. If the Seller is satisfied with the method of transferring money for an apartment, then it makes no difference to him who signs the agreement - the Buyer personally, or his authorized representative. Legally, both signatures will have the same consequences.

Even if the power of attorney for the purchase of an apartment turns out to be “fake” (fake), invalid or revoked at the time of the transaction, and this fact is revealed after registration, the transaction will be declared invalid, and the Seller will again become the owner of his apartment.

Therefore, we can say that the Seller in this case risks almost nothing.

By the way, a power of attorney for the purchase of an apartment can be declared invalid for the same reasons for which a power of attorney for sale is considered invalid (more about this in the link).

Professional support from a lawyer in matters of purchasing a home is NOT superfluous. Find legal advice on real estate and transaction support HERE.

A detailed algorithm of actions when buying and selling an apartment is presented in the interactive map STEP-BY-STEP INSTRUCTIONS (will open in a pop-up window).