Power of attorney for the purchase of an apartment (sample), purchase of an apartment by the seller and the buyer

I inherited a business from my father, which was, to put it mildly, unprofitable. There was neither the desire nor the opportunity to do it. In order not to lose money, I decided to liquidate the company. It turned out that it is not so simple. There were some nuances there. An acquaintance brought me to Caesar Consulting. I must say we got to work right away. Issues regarding the company were resolved, successfully liquidated, and quite quickly. The lawyer they contacted before them painted a different picture. So I'm happy.

In February 2023, I turned to the Eclex company for the service of registering a lease agreement, the cost was told to me right away (20,000 rubles), for this money I received the entire package of documents that I needed, consultation on all issues, verification of all documents that already existed, lawyers organized the process of submitting documents to authorities and receiving documents. The most important thing is that they prepared a lease agreement for me, taking into account all my wishes and modifications, and not a standard one downloaded from the Internet. I am completely satisfied with the result.

We were looking for a company that would provide high-quality registration services in order to avoid problems in the future. Based on the recommendation, we settled on the one indicated. Already during the consultation it was clear that the guys were professionals. Everything was done promptly, they helped to collect the constituent documents, all stages were completed as quickly as possible thanks to the experience and skills of the specialists. The professionalism of the company's employees is beyond doubt.

I became friends with the Caesar Consulting company when registering my first LLC. Then, I remember, I was worried that everything would be done quickly and without problems. And everything turned out just great! Now I already have several stores, and the lawyers from the company have become just my friends. Accounting also makes me happy, I contact him periodically. They solve many tax problems. Thanks guys!

Hello Ksenia. Please tell me how I can communicate with the head of the administration, in what language? The man doesn't understand what he's doing. Humiliates the dignity of a disabled person, squeezes out what is required by law. Saves his comrades. From what perspective should I file a complaint against him?

A homeowner may not always be able to sell real estate. There can be many reasons - health status, work, etc. By writing a power of attorney to a specific person, the owner of the apartment can be sure that the purchase and sale transaction will take place and will not change in any way without his presence. However, some information must be included in the document.

Let's consider all the nuances regarding the design and writing of the contract.

Rules for drawing up a contract for the purchase and sale of an apartment by proxy

When writing a contract, you should adhere to the following rules:

1. The power of attorney must be drawn up correctly and certified by a notary. Only then can the data of the authorized person be entered into the contract.
2. It is mandatory to note in the document that a trusted person was involved in the purchase and sale transaction.
3. In the event that, by proxy, a citizen can only participate in a transaction, then his initials are entered. All other information must be provided by the property owner.
4. If a general power of attorney has been issued (the authorized person can sell the apartment with full rights of the owner and participate in the transaction), then important information is included. For example, passport details, address at the place of registration.
5. A citizen purchasing an apartment should ask the home seller what kind of power of attorney he has. May require you to familiarize yourself with the document so as not to make mistakes when drawing up the contract.
6. It is better to discuss the issue of the final cost of the apartment, how funds will be transferred, and who will bear the costs necessary to register the document with the Office of the Federal State Registration Service in advance.
7. The document can be written by hand or printed on a computer.

The agreement is drawn up in triplicate and provided to all parties to the transaction: the seller, the authorized representative, the buyer.

If there are many owners, then print the document for them too.

Contents of the agreement

You can write a contract in several stages.

Stage 1. Design of the “header”

It is necessary to indicate:

1. Name of the contract. In this case, you can write “Apartment Sale and Purchase Agreement”. There is no need to enter “by proxy” in the title. There is no dot after the title.
2. The place where the agreement was signed - city, region, region.
3. Date of the transaction.

Stage 2. Entering important information about the seller and buyer of the apartment

It is worth specifying:

1. Full name, date and place of birth, passport details, citizenship, gender, registered address of the seller. There may be more than one seller in the contract, please note this. If several people own an apartment, then indicate the initials and the above information of the homeowners.
2. Full name of the authorized representative of the apartment owner, who cannot be present during the transaction. In addition, you need to enter the power of attorney number and the date of signing the document.
3. Data of a citizen who is going to buy an apartment. They are the same as those from the seller.

Stage 3. Information about the property being sold

You should enter:

1. The name of the property, its important characteristics: number of rooms, area, location in the house, floor, address.
2. The next paragraph 2 contains a list of documents that belong to the seller, on the basis of which he owns the property. This is usually a certificate of ownership.

Step 4: Questions regarding cost and cash flow

It is necessary to indicate:

1. The cost of the apartment is in point 3.
2. How will the funds be calculated and transferred between the parties?
3. The exclusion of the deposit and the final transfer of money will be confirmed by clause 5. Without it, the apartment will be held as collateral by the seller.
4. The impossibility of underestimating or increasing the cost of housing is indicated in paragraph 6. This is a mandatory condition when selling an apartment.

Stage 5. Issues of agreement and completion of the transaction.

Points 7,8,9,10 indicate that the apartment was sold. It is mandatory to indicate them without changing them.

It is worth indicating the persons who were registered in the apartment, and also writing that they were discharged.

Based on paragraphs 11.12, write 13th . It indicates that the seller cannot use the apartment due to the signing of this document.

The final transfer of housing to the buyer’s disposal is confirmed by clause 14.

Standard paragraphs 15-21 are also required.

Stage 6. Signing the document

The conclusion of the agreement must be recorded by the signatures of representatives of the two parties.

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Register a company

• I inherited a business from my father, which was, to put it mildly, unprofitable. There was neither the desire nor the opportunity to do it. In order not to lose money, I decided to liquidate the company. It turned out that it is not so simple. There were some nuances there. An acquaintance brought me to Caesar Consulting. I must say we got to work right away. Issues regarding the company were resolved, successfully liquidated, and quite quickly. The lawyer they contacted before them painted a different picture. So I'm happy.
• In February 2023, I turned to the Eclex company for the service of registering a lease agreement, the cost was told to me right away (20,000 rubles), for this money I received the entire package of documents that I needed, consultation on all issues, verification of all documents that already existed, lawyers organized the process of submitting documents to authorities and receiving documents. The most important thing is that they prepared a lease agreement for me, taking into account all my wishes and modifications, and not a standard one downloaded from the Internet. I am completely satisfied with the result.
• We were looking for a company that would provide high-quality registration services in order to avoid problems in the future. Based on the recommendation, we settled on the one indicated. Already during the consultation it was clear that the guys were professionals. Everything was done promptly, they helped to collect the constituent documents, all stages were completed as quickly as possible thanks to the experience and skills of the specialists. The professionalism of the company's employees is beyond doubt.
• I became friends with the Caesar Consulting company when registering my first LLC. Then, I remember, I was worried that everything would be done quickly and without problems. And everything turned out just great! Now I already have several stores, and the lawyers from the company have become just my friends. Accounting also makes me happy, I contact him periodically. They solve many tax problems. Thanks guys!
• Hello Ksenia. Please tell me how I can communicate with the head of the administration, in what language? The man doesn't understand what he's doing. Humiliates the dignity of a disabled person, squeezes out what is required by law. Saves his comrades. From what perspective should I file a complaint against him?

Peculiarities of drawing up a contract for the sale and purchase of an apartment by proxy. What should you consider?

If the owner of the apartment cannot independently sell the property, then he can turn to a trusted person for help. Usually, the owner resorts to selling an apartment by proxy if, for some reason, he himself cannot devote enough time to preparing and conducting the transaction.

The article talks about all the nuances of correctly drawing up a contract for the purchase and sale of an apartment by power of attorney, as well as what risks financial transactions with real estate can lead to in the presence of such a power of attorney.

Grounds for conducting a transaction with the participation of a representative

The legislation regulates the concept of a power of attorney in the Civil Code in Article 185 of Part 1. A document is defined as a written authority issued by one person to another to exercise their representation through mediation. The document allows you to specify the interests of the parties and powers before third parties in a financial purchase and sale transaction.

Documents for the sale of an apartment must comply with the rules discussed in the Civil Code, Article 185, paragraph 1, namely, notarization is required.

Important! Notarized power of attorney and agreements are used for state registration of transfer of property rights.

In civil law there are several types of power of attorney:

1. In terms of format - written and on a prepared form.
2. By provision - to an individual or legal entity.
3. By authority - one-time, general (general), special.

Under the agreement, the representative has the right to perform any actions on behalf of the principal. After drawing up a power of attorney, the attorney assumes the obligation to perform the agreed actions or bear responsibility for failure to fulfill his part of the agreement (according to Chapter 25 of the Civil Code of the Russian Federation). Failure to fulfill obligations under the agreement leads to its termination.

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The legislation in Article 185 of the Civil Code regulates the general provisions for drawing up a written contract by proxy:

1. A power of attorney for the purchase and sale of an apartment is certified by a notary.
2. In the DCP, in the column, the participants in the transaction indicate information about the authorized person instead of the owner.
3. The buyer should definitely study the contract and the submitted documents to find out what powers the attorney has.
4. The owner and buyer need to discuss in advance the final cost of the apartment, the method of transferring funds, and the costs of registering documents with the Federal State Registration Service.
5. The document is drawn up in writing or on printed form.

The agreement is concluded in triplicate and provided to all parties to the transaction: the seller, the authorized representative, the buyer. If there are many owners, then print the document for them too.

The DCT by power of attorney must also be certified by a notary for the following reasons:

• avoid a situation where the contract is invalidated by revoking the power of attorney;
• ensuring the security of funds transfer;
• notarized verification of the preparation of the DCP;
• trust when submitting to the registration authority;
• ensuring the legal purity of the transaction, which is difficult to appeal or terminate.

Preparation of the policy

The apartment certificate must necessarily contain the following information:

1. Title of the document;
2. place of the transaction;
3. parties to the agreement - indicate the passport details of the representative/seller and the buyer (his representative);
4. who owns the real estate and where it is located;
5. property value;
6. instructions for the transaction - notification to the buyer by the seller that at the time of the sale of the property no one is registered in it;
7. confirmation from the seller of the fact that there is no lien or other encumbrance on the living space in question;
8. signatures of the parties.

Nuances

In terms of document preparation, the DCP under a power of attorney does not differ from the general procedure for drawing up a general power of attorney:

• notarization;
• indication of information about the authorized person.

Important! Before signing the DPA, the parties need to check all the documents and rights of the person for whom this power of attorney is issued.

A financial transaction with real estate under a trust agreement carries a number of risks for both parties to the transaction in the following possible situations:

• the agreement may be fraudulent or terminated (due to expiration, cancellation, death of the principal);
• incapacity of the person who issued the trust agreement;
• lack of notarization of the power of attorney, execution in the wrong form (for example, lack of a date of preparation).

The seller is also exposed to certain risks when dealing with the buyer's representative. For example, an attorney has to be trusted to carry out the entire transaction, and with this difficulties may arise, for example, with the conclusion of a written contract, or with the failure of the representative to fulfill obligations.

Also, the seller should negotiate in advance about methods of transferring funds - an unscrupulous attorney may not return them to the owner. Therefore, it is required to conclude all agreements with a notary , where the lawyer will carefully describe the terms of reference of the attorney.

Drawing up an agreement for the purchase and sale of an apartment by power of attorney differs from a regular purchase and sale agreement only in that the power of attorney for a representative of one of the parties to the transaction must be executed by a notary. The power of attorney must indicate the powers of the representative and indicate their validity period. In the contract itself, in addition to the details of the parties, the data of the trustee must also be indicated.

Purchase of an apartment by proxy from the Buyer

In transactions for the purchase and sale of apartments, a power of attorney can be used not only by the Seller, but also by the Buyer. When an apartment is SOLD by proxy, the Buyer faces certain risks. This is described in detail at the corresponding step of our INSTRUCTIONS.

What can be said about the case when a power of attorney is issued for the right to BUY an apartment ? When does this happen? How does such a transaction take place? What pitfalls can await its participants?

In general, cases with a power of attorney from the Buyer are rare in the real estate market, but they do happen. Therefore, transaction participants need to have an idea of ​​what it looks like, how it is formatted, and what they need to pay attention to. A link to a sample of such a power of attorney is provided below.

In what cases is a power of attorney issued for the purchase of an apartment?

A notarized power of attorney for the right to purchase an apartment is issued in situations where the Buyer cannot be personally present at the conclusion of the transaction. This can happen, for example, in the following cases:

• The buyer is in another city/country/planet (entrusted a trusted person with the purchase of an apartment);
• The buyer unexpectedly went to the hospital (he issued a power of attorney for a relative so that the deal would not fall through);
• The businessman chose an apartment for himself and instructed his assistant to arrange everything as expected (power of attorney from the boss to the subordinate);
• The son serves in the army, and at this time the parents buy an apartment for the whole family (power of attorney for the purchase from the son);
• The mother buys an apartment for her daughter to graduate from university (power of attorney for the purchase from the daughter to the mother);
• A large family issues a power of attorney to the head of the family. All family members become buyers in the Sale and Purchase Agreement, and technically only one person acts, having in hand a power of attorney to purchase an apartment from the rest.
• and other cases.

At the same time, a power of attorney for a spouse to purchase an apartment (from a husband to his wife, for example) is used extremely rarely. Why? Yes, because according to the law (Article 34, RF IC), in the absence of a marriage contract, an apartment purchased during marriage will belong to both of them, regardless of which of them the purchase agreement is drawn up (see in the Glossary - “Common property of spouses on apartment").

If there is a marriage contract, then the property will be distributed between the spouses according to its terms.

For example, a power of attorney for a purchase to her husband if the transaction is carried out by the husband, and the apartment will be registered in the wife’s name or in shared ownership.

And if the deal is carried out by the husband and the apartment is registered in his (husband’s) name, the wife’s written consent to the purchase is sufficient. This agreement confirms that both spouses are aware of how their joint family budget is being spent.

consent to purchase an apartment is a document that guarantees that the transaction will not be challenged by a spouse who was not personally involved in the purchase.

Power of attorney for the purchase of an apartment for a realtor

It is worth mentioning separately the option when a realtor acts for the Buyer.

In complex alternative real estate transactions, when, for example, a communal apartment is being resettled and a chain of several apartments linked into one transaction is being built, one of those being resettled can only look at the apartment offered to him and agree to it. Then the realtor acts independently and registers the specified apartment in the name of the Buyer under the notarized power of attorney issued to him.

In this case, the Buyer (the character being evicted from the communal apartment) does not pay money for a new apartment for himself, and may not delve into the terms of the transaction (the established chain) at all. He simply gives the realtor a power of attorney to buy an apartment for himself, and having received ownership, he calmly moves out of the communal apartment.

Another variant. The Buyer chose an apartment for himself, agreed with the Seller on the price and terms of the transaction, but did not wait until he prepared all the documents, but urgently left to go about his business. Before leaving, the Buyer hired a realtor, issued a power of attorney for him to purchase, put the money for the apartment on a letter of credit (for the Seller), and set sail safely (sailed to Antarctica).

The realtor here only deals with the design work - he controls the package of documents, signs the Apartment Purchase and Sale Agreement on behalf of the Buyer, submits and accepts registration documents, and pays the necessary state fees.

A similar situation happens, for example, when a foreigner buys an apartment in Russia.

Is it possible to buy an apartment with a mortgage using a power of attorney?

In the case of issuing a power of attorney to purchase an apartment with a mortgage , the principal in the text of the power of attorney itself indicates that not just an Apartment Purchase and Sale Agreement will be concluded, but a Purchase and Sale Agreement with the use of borrowed funds. At the same time, the creditor bank must give the go-ahead to conclude such a transaction by proxy.

How to register the purchase of an apartment with a power of attorney from the Buyer?

A power of attorney for the purchase of an apartment, as well as for the sale is issued by a notary. The cost of such a power of attorney ranges from 1000 to 1800 rubles. (cheaper for relatives, more expensive for strangers).

There may be two options for issuing a power of attorney (according to the composition of powers):

1. to perform all actions necessary for the purchase of an apartment by an authorized person (the so-called “general” power of attorney);
2. only for the conclusion of the Sale and Purchase Agreement and for registration of the transfer of ownership in Rosreestr.

In the first case, the Buyer (principal) allows the authorized person (attorney) to perform any actions that he deems necessary to purchase an apartment in the name of the principal.

A general power of attorney for the purchase of an apartment allows the authorized person to independently choose an apartment, negotiate the price and terms of the transaction, check documents, handle money, transferring it to the Seller, conclude an Apartment Sale and Purchase Agreement, register the transaction in Rosreestr and sign the Transfer Deed.

Then the text of the power of attorney uses the following phrases:

•  I trust you to buy an apartment in Moscow and register it in my name...
•  buy an apartment at a price and on terms at your own discretion...
•  I grant the right to be my representative in all institutions and organizations...
•  perform all necessary actions, including transferring money..., etc.

In general, the power of attorney gives complete carte blanche for any type of action related to the purchase of an apartment. This option is possible, for example, when a power of attorney for the purchase is issued to the head of the family from the rest of the family members, or from one spouse to another.

For pensioners, the tax deduction when buying an apartment has some features .

In the second case, the Buyer entrusts the authorized person with only a couple of technical actions , due to the fact that he himself cannot come to conclude the contract. Here the Buyer has already chosen an apartment for himself, agreed on the price and terms of the transaction (including mutual settlements), but sent his representative to sign the contract.

Then the phrases in the text of the power of attorney will sound differently:

•  I trust to buy an apartment (exact address)…, at a price (exact price)…
•  I authorize you to sign the apartment purchase and sale agreement and the transfer deed...
•  register ownership in my name.

Here the authorized person has a very limited range of powers , and can only perform those actions that are directly and unambiguously indicated in the power of attorney.

This option is usually used when the Buyer planned to complete the transaction on his own, but due to some force majeure circumstances (injury, hospital, urgent call to Kolyma, etc.) he is forced to entrust the completion of the transaction to another person.

Buyer's risks when purchasing an apartment by proxy

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).

For what reason may Rosreestr suspend the registration of ownership of an apartment in a purchase and sale transaction - see the link.

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.

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).

Sample contract for the purchase and sale of an apartment by power of attorney from the buyer

In practice, there are often cases when the parties to a purchase and sale transaction cannot, for certain reasons, be present at the time the transaction is concluded. For example, this may be due to health problems or lack of time. In such cases, the participant in the transaction has the right to issue a power of attorney, according to which the agreement will be concluded even in his absence.

Drawing up a power of attorney does not in any way change the procedure for carrying out a transaction.

When a trusted person participates in a transaction, be sure to attach to the agreement a power of attorney on the basis of which this person acts, and enter the person’s data in the act, indicating that he was present at the time the transaction was concluded.

Sample of a standard agreement for the purchase and sale of an apartment by proxy from the buyer

The standard clauses of an apartment purchase and sale agreement using a power of attorney are:

• The name and subject of the transaction being concluded;
• The exact place, time and date of conclusion of the contract;
• Passport details of the owner of the buyer (full name, registration address, passport details in full). If an authorized person represents the interests of the buyer, provide information about him and the details of the power of attorney, which must be certified by a notary. A document must also be indicated that confirms the seller’s rights to the apartment being sold;
• A detailed description of the apartment (its total area and components, which include living rooms, kitchen, bathroom, etc.). Here, be sure to indicate the details of the cadastral document, which confirms the presence of each of these premises. When carrying out a transaction for the purchase and sale of an apartment using a power of attorney, this point should be disclosed in as much detail as possible. Indicate the exact address (locality, street, house, building, floor) of the property, the characteristic features of the living space or room that allow them to be identified. Include information about ownership of shares in common areas located in the house;
• The final cost, which should not be subsequently changed by the parties;
• When selling only part of the living space, be sure to indicate the circle of persons who have the right to use the remaining living space;
• Other standard clauses of the contract;
• Signatures of the parties indicating that each of them confirms the correctness of the drafting of this agreement.

You can independently find on the Internet and print out a sample agreement for the purchase and sale of an apartment by proxy. This agreement must be drawn up in writing; oral form is not allowed.

There are certain rules in accordance with which a purchase and sale agreement must be drawn up. Among them there are a number of main ones:

• First of all, draw up a power of attorney, and then have it certified by a notary. Then enter information about the attorney in the text of the purchase and sale agreement;
• If a trusted person takes part in the process, be sure to note this in the text of the document;
• If the attorney carries out actions only to conclude an agreement, indicate only his full name. The owner of the apartment that is the subject of the transaction must have all other information;
• The attorney has the right to represent the party to the transaction in full. In such a situation, a general power of attorney takes place, granting the person the rights of an apartment owner. The authorized person will be able to carry out the transaction independently; the participation of the owner will not be required. Indicate in the power of attorney detailed information about the attorney (passport details, registration address, etc.);
• Your counterparty must review the power of attorney. This will help avoid further problems;
• Be sure to discuss in advance the final price, payment methods and fees for state registration of the contract with the relevant government agency.

You have the right to draw up a document by hand, but currently highly developed computer technologies make this task easier. Do not forget that it is the printed form that gives the document the greatest degree of seriousness.

It is important to ensure that the power of attorney is completed in accordance with all rules. The following types of powers of attorney are distinguished:

• General. It gives the trustee a wide range of powers. If this power of attorney is issued, the owner will not be present at the time of the transaction. The document must necessarily contain a list of actions that the authorized person has the right to carry out (from collecting documentation to signing the agreement);
• One-time. This power of attorney gives the right to perform a certain type of action. For example, the right to prepare the necessary documentation. The document must contain a specific action, which is covered by the purpose of drawing up a power of attorney.

The trust document must consist of the following items:

• date and period of validity of the power of attorney;
• information about the authorized person (passport details and full name, registration information);
• actions that a power of attorney gives the right to perform (for example, transferring money or collecting the necessary documents, etc.);
• signatures of the notary and representative.

Buying an apartment by proxy: typical risks and frauds

When buying an apartment by proxy, it is quite difficult to protect yourself from typical risks and fraud. Therefore, you should know what risks the seller and buyer have when buying an apartment by proxy and how they can be avoided.

Types of power of attorney

First you need to know what types of power of attorney there are and who can issue them . Often, scammers take advantage of the buyer’s ignorance and slip him fake documents.

As a result, the “seller” takes possession of the money and disappears in an unknown direction.

When the fraud is revealed at the stage of registering the transaction or even later, the buyer is left without money and without an apartment.

To prevent this, the parties need to know what a power of attorney looks like and who can issue it.

Most powers of attorney are issued on a special form, which is certified by a notary. If you simply write it out by hand, it may not be accepted as an official document, especially if we are talking about a large sum of money and such expensive property as real estate. A general power of attorney for the disposal of real estate, in particular, must be certified.

The official website of the Federal Notary Chamber is data.notariat.ru. Here you can find real notaries in your city. If someone you know offers you their notary, then don’t be lazy and check his license on this site. If you don’t find such a notary there, he’s a scammer!

Most powers of attorney are certified by a notary. But Article 185 of the Civil Code of the Russian Federation gives such powers to other persons :

• the head of the FSIN institution where the principal is serving his sentence;
• head of a social protection institution;
• chief physician of a medical institution;
• commander of a military unit;
• senior doctor of a military hospital, etc.

Having a power of attorney in any case increases the risks of the parties, so you must make sure that the document is not forged. The easiest way to do this is to contact the principal and the person who certified the power of attorney.

In what cases is a power of attorney needed?

Most often, a power of attorney is issued when the participant in the transaction cannot, for some reason, be present at its conclusion. For example, if he is selling an apartment from abroad, is undergoing treatment, or is undergoing military service. Power of attorney is often issued by elderly people who, due to their age, are not able to go to the authorities.

Most often, a close relative becomes a trustee, rarely a realtor; in exceptional cases, a notary can play this role. Also, a power of attorney is often issued in the name of an employee of the bank where the buyer takes out a mortgage, so that he takes the necessary steps to register the transaction.

There are the following types of powers of attorney depending on the situation::

• general - the holder of such a document can carry out any manipulations with the apartment within the allotted period;
• special - issued to perform certain actions, for example, to collect documentation;
• one-time – intended for a specific action, for example, to obtain a certificate of ownership from Rosreestr.

The standard validity period of the document is 1 year; in exceptional cases, the power of attorney can be extended up to 3 years. But most often it is issued for 1-2 months - this period is quite enough to complete all actions related to the purchase and sale of housing.

Usually, to sell an apartment, either a general or a special power of attorney is issued . If the seller or buyer wants to fully control the transaction, then they issue one-time powers of attorney for each step.

Possible risks for the seller

The most important risk that occurs on the part of the seller when writing a power of attorney is that the money will pass him by if the authorized person wants to appropriate it. Most often, a close relative or trusted friend is entrusted with handling large sums. But there are precedents when the seller trusted realtors or other intermediaries - and as a result lost money.

Often, a trusted person changes his place of residence, pretends to be incompetent, or even imitates a robbery.

Possible buyer risks

But on the part of the buyer making a transaction through an intermediary, there are much more risks. The most common are the following:

• The author of the power of attorney revoked the power of attorney before its expiration. The transaction will be declared invalid, even if the buyer and the trustee themselves did not know about it.
• The principal has died. In this case, only his heir can sell the property, and he still needs to enter into inheritance. In any case, the power of attorney becomes invalid upon the death of the principal.
• The principal was incompetent at the time of writing the power of attorney or did not give an account of his actions while in a state of intoxication. Fraudsters often take advantage of the client’s deranged state by colluding with doctors at specialized clinics. As a result, the power of attorney is actually signed by the sick person. If his relatives prove this fact, the deal will be annulled.
• If the principal was intimidated or misled. After the trial, such a power of attorney will be revoked, and all transactions carried out under its existence will be cancelled.
• The author of the power of attorney may be listed as missing. If his relatives achieve recognition of him as dead through the court, then transactions made on his behalf will be declared void.

Thus, for the buyer, the most important risk is the likelihood that the apartment purchase and sale agreement will be invalid due to the termination of the power of attorney. As a result, the court will oblige the buyer to return the home to the true owner, and the money will have to be “knocked out” from the scammer’s wallet. But this takes time and is not guaranteed to be successful.

What should you be wary of?

The most important advice on how to protect yourself when making transactions with a power of attorney is to be sure to contact the principal and make sure that he actually wrote out this document and that it is valid.

An attacker can obtain the victim's signature in different ways:

• by intimidation or blackmail;
• through deception and misrepresentation;
• simply by forging;
• taking out the old power of attorney and changing the date, etc.

If the owner of the apartment confirms the authority of the authorized person, then he can be trusted. If not, you should contact law enforcement agencies.

In addition, the following points should be taken into account::

• the holder of the power of attorney constantly hurries the buyer;
• it is proposed to purchase an apartment at a price below the average market price;
• the intermediary does not allow a meeting with the owner of the property;
• the trusted person constantly makes mistakes, confuses facts, addresses, names, i.e. does not have all the information;
• On the buyer’s side, the sample power of attorney does not meet the standard, etc.

Thus, the main risk for both the seller and the buyer remains the dishonesty of the intermediary.

He can pull off a fraudulent scheme to take possession of the buyer’s money or the seller’s apartment.

Therefore, it is recommended that both parties interact directly, using a proxy only for truly intermediary actions, such as transferring documents.