What kind of document is this?

A power of attorney for registration of ownership of an apartment is an official permission to carry out manipulations on the part of the homeowner to the intermediary. A power of attorney for drawing up documents for an apartment and performing transactions with it is drawn up for a person who has reached the age of majority and is legally capable.

When issuing a general power of attorney to sell an apartment, the owner must be aware of the consequences of his decision. By issuing a document, the owner of the property allows another person to dispose of his apartment as he wishes. An exception is a gift, a will (if this is not provided for by a power of attorney).

Procedure for issuing a power of attorney for the purchase of an apartment: sample 2021 and notary fees

On the one hand, it seems that the seller risks practically nothing if he sells the apartment to a person representing the interests of the buyer. In fact, a transaction carried out under an incorrectly executed power of attorney can be canceled by the court.

By law, a serviceman has the right to purchase an apartment in any locality in the country. An authorized person can represent his interests and conclude a purchase and sale agreement. To do this, the serviceman must issue a power of attorney from a notary. The document specifies all legal actions that the legal representative must perform with the real estate.

When is a power of attorney required?

The document is drawn up when the homeowner is unable to deal with matters relating to real estate.

The citizen for whom the document was issued has the right to:

• dispose of property;
• sign contracts on behalf of the principal;
• collect documentation for the implementation of transactions, redevelopment;
• engage in privatization.

A general power of attorney for registration of an apartment is drawn up if the owner is incapacitated or elderly.

General power of attorney for the sale of an apartment 2021

The price of such a service from a notary may vary depending on the region and the status of the notary office. The cost includes the amount of state duty (mandatory payment), labor costs. The state duty in 2021 is a fixed amount, depending on the relationship between the principal and the attorney.

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The principal and his attorney may both act as frauds by colluding. The result of their actions will also be problematic for the buyer. You should know exactly the reason why the owner of the apartment cannot deal with the transaction himself, or at least be present when the purchase and sale agreement is signed.

Types of powers of attorney

There are 3 types of power of attorney: one-time, special, general (general).

A one-time one is issued to a person upon concluding a purchase and sale transaction. It ends after registration of ownership rights to the new owner.

A special power of attorney is issued to carry out a certain manipulation in relation to property for a specified period. It is often drawn up to represent the interests of the homeowner in legal disputes.

General gives the right to draw up housing documentation on behalf of the principal, conduct transactions with the apartment, and resolve issues related to housing documentation.

Risks of buying an apartment by proxy

A power of attorney automatically adds possible risks and potential problems for both the buyer and the seller. Let's look at the main ones.

From the seller's side

Possible risks for the seller due to the buyer's use of a proxy:

• Death of the principal . A power of attorney is valid only if the principal is alive at the time of execution of the transaction. Even if, by will, he transfers the rights to all his property to a trustee, the power of attorney still becomes invalid after the death of the trustor. As a result, the trustee must first register ownership of the deceased’s property and only then continue the purchase and sale transaction of the apartment, but in his own name. If, of course, this is still relevant.
• Expired power of attorney . Such a document is also not valid. As a result, any actions of the authorized person will be illegal.
• The principal is not legally capable . If the principal issued a power of attorney without understanding what he was doing, being deceived or under duress, such a document is not valid. As is the transaction made with its help.
• The power of attorney does not specify some actions that the trustee performs . The authorized person has the right to perform only specific actions that are specified in the power of attorney. If it does anything else that goes beyond certain limits, the transaction may be invalidated.
• The power of attorney has lost its force . This means that transactions cannot be concluded with its help.
• The power of attorney was drawn up with errors . Such a document can also be declared invalid with all the ensuing consequences.

Despite the abundance of risks, for the seller the problem will mainly be to take back his home.

From the buyer's side

Potential risks of the buyer-principal:

• Search and inspection of the apartment . The authorized representative may specifically or not specifically choose an apartment that is not suitable for the buyer. Moreover, in order to quickly complete the transaction (for example, if the trustee is promised a percentage of the transaction or a fixed amount), falsify photographs, showing the housing much better than it actually is.
• Payments . The fiduciary may claim that a lot of money was spent on various services when in reality the amount was much less.
• Registration of property rights . The worst thing is if the trustee ends up registering the apartment in his name fraudulently or in any other way, although he buys it with the trustee’s money. It will be quite difficult to prove anything. That is why it is recommended to act without intermediaries at least in the last stages.

How to register correctly

Registration of a power of attorney for the sale of an apartment (or other transaction) is possible in two options - independently and with a notary.

In the first situation, the citizen independently draws up a document, the parties sign a power of attorney and have it certified by a notary. In the second, the document is drawn up by a notary at the request of the principal.

It's better to choose the second option. If, after concluding the contract, errors are discovered in the execution of the paper, it is declared invalid, and the ownership rights of the new owner are canceled.

Both parties approach the notary. The homeowner draws up an application and signs it.

The notary is obliged:

• ensure the legal capacity of the apartment owner;
• check passports;
• verify legal capacity;
• create a document.

Note! The execution of a power of attorney by a notary for the sale of an apartment cannot be challenged. Transactions performed when it is provided are legal.

How much does a power of attorney cost to register an apartment? The cost is affected by the type of document. The duty amount is fixed - 200 rubles. One-time will cost about 600, special - 1,500, general - 2,000 rubles.

How to issue a power of attorney to purchase an apartment

Drawing up a power of attorney (ordinary or general, in this case it doesn’t matter) is quite simple. Of course, provided that the principal has the opportunity to personally visit the notary.

Procedure

1. Discuss with a trusted representative all the features of purchasing an apartment and give clear recommendations regarding certain actions. Alternatively, if the person does not understand anything about this at all, you can allow the trustee to act completely autonomously. This is dangerous, but sometimes only this approach can give the desired result.
2. Find a suitable notary who will be ready to draw up and certify the power of attorney in the form that the principal needs.
3. Visit a notary in person or order service at home. It must be remembered that the notary's visit is paid separately. Sometimes this is a percentage of the standard payment, but more often the amount for a specialist’s visit is fixed.
4. Draw up, sign and have a power of attorney certified by a notary.
5. Pay for services.
6. Give the document to an authorized person.

Documentation

To issue a power of attorney, a notary will need the following documents:

• Passport of the principal and authorized representative.
• The specific text of the power of attorney, or at least the main provisions.

In some cases, the notary may require additional documents. For example, a certificate from the hospital stating that the principal is an absolutely sane person. This is necessary in order to confirm the fact that the principal is acting in his right mind and perfectly understands the possible consequences.

Expenses

Registration, preparation and certification of a power of attorney are paid services. It should be noted that even if the principal prepares the document himself and gives the ready-made paper to the notary, the final cost will change slightly.

Depending on what exactly is required, how it will be described, what restrictions will apply, and so on, the price of a power of attorney can vary from 2 thousand rubles to 10 thousand rubles. It’s almost never cheaper, but it’s also rare that it’s more than 10 thousand.

Deadlines

If the principal is ready to provide absolutely all the necessary information, then he can receive a ready-made power of attorney in a maximum of 1-2 hours after contacting the notary. Often this procedure takes only a few minutes. A lot depends on what exactly is required.

Example: If a general power of attorney is issued without any restrictions, then the notary will only need to enter the data of the principal and the authorized person in a standard form and print it. This is a matter of a few minutes. But if the principal insists that every possible step of the authorized person be described in detail in the power of attorney, it may take several hours to draw up such a document.

If you are in another city

If the principal is located in a different city from the trustee, then the general principle described above will remain virtually unchanged. The only difference is that the finished document will have to be sent to a trusted person in some way. It can be sent with friends, relatives or, for example, a delivery service.

If the principal is located in another country and, at the same time, powers of attorney are drawn up there in another language, an additional notarized translation of the document will be required. Under such conditions, the price may increase significantly. Specific prices depend on the client's country.

What does the sample look like?

It looks like a form issued by one citizen to another to represent the interests of the first. It states:

• when and where it was compiled;
• personal and passport data of the parties;
• competence of the representative;
• duration of action;
• information about the notary (personal data, license number, who issued it);
• power of attorney registration number;
• fee amount;
• receipt number with payment date.

The document is drawn up in accordance with legal requirements and signed by the parties and a notary. A written form is required, without corrections, indicating the required data and responsibilities of the parties. A power of attorney for registration of a share of an apartment is drawn up according to the same principle.

You can also see a sample of a power of attorney for drawing up a deed of gift for an apartment.

Power of attorney for the purchase and sale of an apartment

A power of attorney for the purchase and sale of an apartment can be issued both on behalf of the seller and on behalf of the buyer. In any case, the written transfer of authority in this case will be valid only after certification by a notary.

Real estate transactions are concluded every day. But buyers or sellers do not always have time to independently carry out all the actions necessary to sell or purchase a home. Yes, and there are many nuances in such a matter. Therefore, many agreements for the purchase and sale of an apartment are concluded by power of attorney, when an authorized person acts on behalf of the owner of the property or the future owner.

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Sample power of attorney for the purchase of an apartment 2021 - 2021 free download standard form example form

I, gr. IVANOV IVAN IVANOVICH

, born 02/01/1975, place of birth: Moscow, citizen of the Russian Federation, male, passport 00 11 123456, issued by the Department of Internal Affairs of the ________________ district of Moscow on 01/01/2021, subdivision code 101-101, registered at the address: Moscow , st. Oktyabrskaya, house 15, bldg. 2, apartment 36,

to be my representative in all institutions and organizations, regardless of the form of ownership, on all issues relating to my interests, to manage and dispose of all my property, whatever it may be and wherever it is located, in accordance with which to enter into transactions permitted by law, in including with apartments and other real estate, in particular: buying, selling, accepting as a gift, exchanging, determining in all cases the amounts, terms and other conditions at its own discretion; make payments on concluded transactions, register the relevant agreements and the transfer of rights under them with the competent authorities, remove me from the state registration register and put me on the state registration register at a new place of residence, accept an inheritance or refuse it, receive property, money, valuables due to me papers, and other documents on all grounds from all persons and organizations, manage accounts in the Central Bank of Russia and its divisions, commercial, savings and other banks with the right to open and close accounts, deposit and receive any amounts of money, receive postal, telegraphic, valuable and all kinds of correspondence and parcels, conduct business on my behalf in all organizations, conduct civil and criminal cases in all judicial institutions with all the rights granted by law to the plaintiff, defendant, third party and victim, including the right to file a statement of claim, termination peace proceedings, recognition or refusal in whole or in part of claims, changing the subject of the claim, appealing a court decision, obtaining a writ of execution, with the right to receive property and money.