Power of attorney for the sale of an apartment - the risks and pitfalls of transactions with a trustee

20.10.2021

Power of attorney for the sale of an apartment - the risks and pitfalls of transactions with a trustee

In the real estate market, there are situations when, in the process of selling an apartment, the buyer deals with a trustee, and not the owner.

Transactions carried out with the help of a power of attorney for the sale of an apartment are not uncommon and arise for various reasons:

  • the owner is abroad;
  • the owner cannot attend the transaction with a notary due to illness;
  • the owner simply does not want to deal with the sale issue, because it takes a lot of trouble and time.

In this case, the owner entrusts another person with the sale of real estate. The law of Ukraine provides for the possibility of conducting a transaction through a power of attorney for the sale of an apartment. This is a document created in written or electronic form, according to which one person transfers to another the right to represent his interests. By the way, if you decide quickly buy an apartment in Kyiv, we recommend contacting the best luxury real estate agency THE Capital. 

Although a power of attorney transaction for the sale of an apartment is a completely legal transaction, it is classified as a high-risk procedure. Unfortunately, there is no guarantee that such a sale and purchase transaction will not be challenged in the future. If you still decide to deal with a trusted person, you should be very careful and careful, and draw up the transaction for the sale of an apartment through a notary. 

Read more:Taxes when buying an apartment.

How is a power of attorney issued and how much does it cost to sell an apartment?

A power of attorney transaction for the sale of an apartment is a fairly common practice in the real estate market. The procedure is practically no different from the usual purchase and sale of an apartment and is executed in the same way. If you want to sell an apartment, but cannot be present at the transaction, by law it is possible to carry out the transaction without your participation. To do this, you need to issue a power of attorney for the sale of an apartment. There are several types of such documents:

  • a power of attorney for the sale of an apartment of a periodic nature - a one-time document according to which the authorized person can perform one or several actions once - for example, collect documents, register or conclude a transaction for the sale of an apartment - after which the document becomes invalid;
  • a special power of attorney for the sale of an apartment is issued to a representative to perform many similar legal actions an unlimited number of times. For example, renting an apartment on behalf of the owner;
  • a general power of attorney for the sale of an apartment gives another person the right to use and dispose of property as his own - he participates in all types of transactions, receives or deposits money for them, pledges housing and so on, if the document does not indicate any restrictions.  

Also, powers of attorney are divided into simple written and notarial. A power of attorney for the sale of an apartment is notarized, therefore it must be certified by a notary. To draw up a document, you can visit the office, or call a specialist home.

Read more:Power of attorney for the sale of the apartment.

Sounds convenient, but how much does a power of attorney to sell an apartment cost? The cost of registration in Kyiv depends on the specifics of the work performed:

  • the term of the document - cannot be more than 10 days;
  • the need for translation into a foreign language;
  • the number of authorized persons.

To proceed with the registration procedure itself, the principal (apartment owner) must provide the notary with the following documents for the power of attorney for the sale of the apartment:

  • passport;
  • an identification number;
  • a document confirming the ownership of real estate - a sales contract, a will, a deed of gift, and so on. 

The text of the power of attorney for the sale of the apartment is drawn up by the notary himself, taking into account the owner and the authorized person. Subscribe to our updates real estate blog and get the latest publications from the real estate agency THE Capital.