General power of attorney for the sale of an apartment

The trust in the sale of an apartment (implementation) is the document giving the person to whom it is issued the right to carry out the acts referred to therein.

The apartment may be sold by third parties in the following cases:

• The owner cannot, because of his health, engage in the process of the sale of his property;
• The owner of the property lives in another city;
• Due to lack of free time.

In order to prevent problems, it is better to obtain a power of attorney for the sale of an apartment when the process causes serious difficulties for the owner: health conditions, considerable distance from the owner ' s place of residence; in other cases, it is better to sell the dwelling independently.

Types of implementation authorization

A simple power of attorney is to perform an act, for example, only for the preparation of documentation or for the representation of interests in public bodies necessary for the realization of real property.

Special

Provides the right to perform a number of activities, such as the formation of a package and the registration of a transaction.

General Trust

Gives the trustee the right to perform any act related to the realization of real property.

Simple and ad hoc unsold powers make it possible to maximize self-security and solve a host of problems associated with collecting papers and interacting with public authorities.

The permits in question should contain a clearly limited list of the powers conferred on the trustee.

They should not contain any rights to receive money and to sign a sales contract.

The entire process of property ownership can only provide a general power of attorney; however, it is worth remembering that it carries enormous risks and should be carried out only if the trustee is not in doubt.

Requirements for a document to represent the trustee ' s interests

Trust in the sale of an apartment must meet certain requirements, the non-compliance of which would render it null and void, and the transaction would be considered null and void.

Mandatory requisitions:

• The date of issuance of the permit for the sale of real estate to the trustees;
• The power to sell an apartment without the date of its establishment is negligible;
• Information about the trustees and his representative;
• The powers conferred on the representative;
• If it is not specified, it will, by default, be one year from the date of conclusion.The maximum period of validity of a power of attorney is 3 years;
• The location of real estate;
• The trustee's signature.

Trust in the sale of the apartment must be assured from the notary, without which it is invalid.

Termination of the authorization to represent interests

The power of trust may be lost in cases of:

• The expiry of the power of attorney;
• Recognition of the trustee as incompetent at the time of issue of the permit;
• Withdrawal of the power of attorney;
• Refusal by a trusted person of the acts entrusted to him or her;
• The death of one of the parties;
• The court declares the document null and void;
• to carry out the acts envisaged by the power of attorney.

How to handle the general power of attorney properly

As mentioned above, a document that gives the full range of rights to sell an apartment from start to finish is a general power of attorney.

A number of rules need to be followed in order to minimize the risks associated with its extradition.

• The instrument may grant the right to perform any act on behalf of the trustee other than signing the contract of sale and the direct receipt of money;
• In some ways, it may be possible to protect yourself by stating in the document that the money under the contract of sale should be transferred to the account of the owner of the dwelling(s) rather than to the hands of the trustee;
• A sales permit would be better issued to the firm itself rather than to the physical person of the real estate company;
• The choice of real estate agent should be approached responsibly: to examine the company ' s reputation and duration in the real estate market, feedback from persons working with it, to visit the location of the organization and to verify the company ' s constituent documents;
• All questions should be addressed immediately to the notary;
• carefully check the timing and value of real estate and other relevant information.

Model of trust for the sale of an apartment (the trustee and attorney are the natural persons)

Model permit for the sale of real estate under the terms of the trustee

Model permit for the sale of real estate under the terms of the trustee

Model permit for the sale of an apartment under owner ' s conditions

Model permit for the sale of an apartment under owner ' s conditions

The power of attorney can be obtained directly from the notary; the cost of the service should not exceed 1,000 rubles on average.

Risks of buying real estate through a representative

The sale of a trust dwelling is a risk-taking enterprise not only for the seller but also for the buyer; generally, the cost of the dwelling is slightly lower in such cases, but it is necessary to be aware of possible problems that may arise in the future before making a deal.

Possible problems in purchasing real estate through the seller ' s representative:

• The authorization granted by the trustee may be withdrawn at any time;
• The trustee may be found to be incompetent, missing or dead;
• The term of the power of attorney may expire at the time of the transaction.

Before entering into a transaction for the purchase of immovable property, it is necessary to verify whether the document in question is valid at this time and whether it has expired.But you can't be completely safe when you buy that kind of real estate.

The court ' s power of attorney may be declared null and void after several years, and the risks of the transaction must therefore be assessed before the purchase.
The main condition for buying and selling a confidant dwelling is care and caution, with any suspicion it is better to give up the deal.

General trust for the sale of an apartment (model) how to sell an apartment under a power of attorney

It is not always possible for an apartment seller to personally sell his or her real estate. He or she can solve the problem by means of a general power of attorney given to a friend, relative, acquaintance, or even a real estate agent.

Is it possible to sell an apartment on the basis of a general power of attorney?

The general power of attorney is a matter of general trust; technically, there is no such concept in the law, but it is still widely used in practice; the sale of trust housing is not a very common procedure due to complexity and heightened risks, but such proposals are relatively frequent.

Such sales are relevant in some of the following cases:

• The seller does not have the physical ability to show the dwelling and make a transaction in person, for example for health reasons (serious illness, disability, etc.).
• A salesman can be territorially located in another city or another country. Many people, when they leave for work, for example, don't even know that they can stay in another country forever. Of course, they don't sell their housing in advance, and once it's clear, there's a need to sell an apartment in Russia, for example, in Turkey or the United States.
• A salesman is a very busy man who doesn't want to or can't spend time selling his apartment. He hires a person or asks his/her friends/parents to help with the sale and gives him/her general power of attorney.

There may be many such situations, but the first two are most common: health problems or living in another locality/country.

How is the general power of attorney different from the ordinary one?

As mentioned above, the general power of attorney is general (normal), but not complete.

General trust usually involves the performance by a trusted person of certain specific actions, which are listed in the document.

However, the general power of attorney, most often used for the sale of the dwelling, implies the possibility of the seller ' s full ownership of the property.

In this way, the buyer's risks will be substantially reduced (see details below).

(See below).

Trusting is a simple and fast procedure that requires a minimum of time and effort from both the owner of the apartment and the trustee.

Mode of action

1. Make a determination with a trusted face.
2. Trust (because it's still going to have to be handled by a notary, it's better to do it there).
3. Visit any notary with a representative.
4. Sign and make sure you're trusted.
5. Pay for a notary.
6. Get a copy of your trust in your hands.

Documents

Only the passport of the owner of the dwelling and his trusted person is required to draw up, process, sign and confirm the authorization; if the power of attorney is clearly limited to the sale of a particular dwelling, it may also be necessary to have the right-setting documents for the dwelling: a passport, an extract from the EGRN, a contract of sale, etc.

Depending on the conditions, limitations or characteristics specified in the notary ' s power of attorney, other additional documents may also be requested; under general rules, the general power of attorney is usually simply not subject to any conditions for the performance of any act with respect to any property on the person of the trustee, but other options are possible.

If the owner of the dwelling has all the necessary documents in hand, an agreement has been reached with the trustee and there are no special claims between the parties, the authorization will take a maximum of 1 to 2 hours.

If you're in another city

It is necessary to note separately the situation where the seller is located in another city, where the power of attorney is drawn up according to the same principles as described above, but without a trusted person.

He may be contacted during the process of signing the document, requesting certified copies of the passport and so on, but not necessarily in person (although very desirable).

Once processed, the trustee will be required to hand over the power of attorney (e.g. mail) in any way available to him.

If you're in another country

In such a situation, everything will be about the same as described above, with one exception: the power of attorney is drawn up in a foreign language (usually) and, as a result, the document will have to be formally translated and a copy of the translation required.

This is more difficult, longer and much more expensive, especially given the fact that the power of attorney will also have to be sent to a trusted person by international mail (or other similar means), but there are no other options.

Maintenance of the trust for the sale of the apartment

The following information shall be included in the general authorization:

• Passport data and FIO of the trustee and trustee.
• Rights and duties of the trustee.
• The duration of the power of attorney (may not be specified, but in such a situation the document will automatically be considered valid for only one year).
• Signature of the parties and date of the authorization.

In addition to the above, if the main condition is the sale of a particular dwelling, the following should be added to the contents listed:

• Address of the dwelling.
• The approximate price of the apartment.
• General description of real estate (storey, number of rooms, area, etc.).
• The acts that a trusted person may perform with the dwelling in question.

A sample of the power of attorney for the sale of an apartment

Trust in the realtor.

Most often, the power of attorney is given to relatives, acquaintances or any other person trusted by the seller of the apartment, but in some cases the right to dispose of the real estate is granted by the seller ' s person to a specific real estate agent.

This person is usually hired to sell the apartment, and the power of attorney allows him to perform the entire procedure, from the buyer ' s search to the settlement, without contacting the owner of the dwelling.

How to sell an apartment by proxy

The procedure for selling an apartment by proxy is not very different from the normal one, except that a large proportion of buyers will constantly insist on talking to the seller in person; if possible, it is better to arrange such a meeting, at least by telephone or through other means of communication.

Mode of action

1. Formulate the power of attorney as described above.
2. Find a suitable buyer in person or through real estate/real estate agency.
3. Discussion of the terms of the transaction: It is particularly necessary to clarify the fact that the dwelling will be sold on the basis of a power of attorney; at this stage, a large part of the buyers refuse the transaction.
4. Access to the dwelling; if the dwelling is sold with furniture/technics, an inspection certificate may also be drawn up at this stage.
5. Set up a sales contract.
6. Sign and confirm the contract (not necessarily, but given the fact that the sale takes place through a trusted person, it is better to do so).
7. Register a new owner's residence.
8. Sign the certificate of receipt and write a receipt in receipt of funds for the buyer.

Documents

• The following list of documents will be required to sell the housing by proxy:
• The latter two documents are valid only if one of the owners of the dwelling is a minor and if the seller is married, respectively.
• Most often, it is the seller/representatives (trustee) who bear the most of the costs, but in some cases the parties may agree that all or part of the costs are shared between them in a given proportion.

Example:The buyer insists on mandatory notarization of the sales contract, but the seller does not want to spend money on it (although it has nothing directly against the assurance), in such a situation the buyer may bear the costs or share them with the seller.

Indicative list of possible costs:

• Assessment of the apartment:: 5,000 rubles.
• Notary ' s services on sales contract certification:: 10,000 rubles.
• A notary ' s services on the basis of the spouse ' s consent: about 2,000 rubles.
• Real estate agency/real estate service:: 2% of the cost of the dwelling.
• New ID for the apartment:: 10,000 rubles.
• Fresh discharge from EGRN:: 350 rubles.

In addition to all the items listed, the buyer will also bear the cost of the public service in the registration of ownership: 2,000 roubles per person.

Despite the fact that there is a need for a power of attorney to be added to the sale of an apartment, this will not affect the overall duration globally; on average, a transaction can be closed in about 1 to 2 months; under ideal conditions, when a buyer has already been found, a power of attorney has been created and all the necessary documents are available on hand, it is possible to do so in 1 to 2 days.

Risks of confiding an apartment

Buying and selling a confidant apartment is an even more risky transaction than the normal sale of real estate. There may be a very large number of problems, but a large part of them can be predicted.

On the seller ' s side

The main problem for the seller may be the fact that the trustee simply fails to meet his obligations, from the fact that the seller ' s representative will simply not sell the apartment to the fact that he will sell the dwelling and disappear with the money.

From the buyer ' s side

Buyer has much more problems.

• The power of attorney is given by an incompetent person or the trustee has already died.Such a document is not valid and therefore all transactions that have been concluded with it will also be declared illegal; as a result, the buyer will be obliged to return the dwelling to the previous owner, but it will be very difficult to claim the money from the trustee.
• Expire the validity of the power of attorneyIn this situation, the document is considered valid for a period of one year; in any case, before a transaction is concluded, it is necessary to clarify whether the power of attorney is still valid or not.
• Trust obtained by fraud or coercionSome fraudsters are literally forced to write on them or receive them by other means, fraudulently, such documents are not valid, but visually they look perfectly normal and only directly from the owner of the dwelling can learn about the exact manner in which the document was obtained.
• Refusal of the power of attorneyThe trustee could simply withdraw the power of attorney at any time, but it was no longer valid, but since no note was entered into the document, it was only possible to learn about it in person with the seller or, at worst, with a notary.
• Fake power of attorneyYou can also forge a document like this, but you can't notarize it by notarizing it, and you have to remember that trust is true only with a notarized assurance, if someone tries to prove otherwise, he's a fraud.

How to Secure the Deal

There are several basic ways to secure the confidant sale of an apartment:

• Contact the seller directlyThis is necessary to make sure that the seller has actually entrusted the sale to his representative, that he is qualified, alive, and so on. It is recommended that the meeting be recorded on video, if possible.
• Certify a contract of sale from a notaryYou don't have to make a contract of sale notarized, but given the already high risks due to the power of attorney, it's better to do it, even at your own expense, while requiring a contract assurance is a pretty good test for a representative, if he gets nervous and actively refuses to give it up, it's something that's not clean.
• Check seller typeIf the seller is a single pensioner or a disabled person, there is a high probability that he or she has simply been forced to sign a power of attorney or has been tricked into doing so with special care and care, and it is better to give up the transaction or, at the very least, personally communicate with the seller.
• Check the conformity of the dataThere is a need to carefully check the conformity of the seller ' s and his trustee ' s credentials with the EGRN, otherwise it is likely that the trusted person will be fraudulently given an advance (even if it is small) and disappears because the apartment does not actually belong to the seller; this is a pattern used by fraudsters in renting a dwelling in which they are not owners but can also be used to sell apartments.
• Check the authority of a trusted personThe power of the representative of the seller should be indicated in the power of attorney: this may be both a short phrase of the type "shall have the right to perform any act with the trustee's property without limitation" and a specific indication that the representative may or may not do so. In order to do so, a further relationship should be established. The trustee may have the right to show the apartment and agree on the amount of the transaction, but to sign the contract of sale or to receive money from the buyer is not entitled.
• Check the validity of the power of attorneyThis paragraph is relevant in order to verify whether the seller has withdrawn its power of attorney, which can be done on its own, in the relevant trust register, but can be more easily and reliably approached by an experienced lawyer.

Despite all the above actions, there will still be many contentious situations that may eventually lead to serious problems; it is recommended that experienced lawyers be available; they know almost all possible methods of fraudsters and can provide sound advice to the client on any matter.

In 2023, the price of a trust varies widely depending on what is required; the more the terms, limitations and specific rights of the trustee are, the more expensive it will be to prepare and certify the document; the cheapest power of attorney will cost between 1.5 and 2,000 rubles.

The notary will still charge for his services and the fact that the client himself does not play a special role in the document, so it is easier to ask the specialist to draw up the credentials and use his forms.

A lawyer's help in buying a confidant apartment is very important because there are a lot of possible problems that are not obvious to an ordinary person. At a free consultation, specialists will talk about the main ones, and they can accompany the whole deal, from start to finish, which will dramatically reduce the likelihood of fraud and potential risks.

General trust for the sale of an apartment (model) how to sell an apartment under a power of attorney

The sale of an apartment is a busy process involving visiting authorities, collecting a package of documents, communicating with customers, solving financial issues. Without being able to sell on your own, you can create a general power of attorney. What risks does it pose, how can you avoid them?

What is a general power of attorney?

In legislation, the concept of "general power of attorney" does not exist; it is more appropriately referred to as a general act of trust (article 185 of the Criminal Code of the Russian Federation), and its main difference from one-off and special powers is the maximum number of legally relevant powers that the trustee transfers to a trusted person.

All acts of expropriation carried out under a power of attorney have legal consequences for the person who transferred his or her powers (art. 182, para. 1, of the Criminal Code of the Russian Federation).

Is it possible to sell an apartment on the basis of a general power of attorney?

The power of attorney-general gives the right to carry out all actions to dispose of property (it is not necessary to notify the trustee). There are only a few restrictions.

Doesn't have a right.

Negotiate with buyers	Provide real estate (if a gift is envisaged, the owner of the dwelling must state the name of the gifted person)
Show real estate	Make a bequest of housing
Formalize/sign required papers	Sell your apartment to yourself.
Conduct registration procedures
Compute with buyer
Carry out other actions recorded in the document (rent, exchange, record changes in planning, etc.)

How do you get a power of attorney to sell an apartment?

Only an able person can act as a representative or trustee, and the general power of attorney is established on a form (no statutory form) and certified by a private or public notary.

In the event of serving a prison sentence or serving in the army, the act may be signed by the head of the penitentiary institution/commander of the unit, respectively, and the parties ' passports and real estate documents are required for the registration.

The certificate of trust shall contain the following information:

• Date/place of signature (with no date to be declared invalid);
• Passport data of the parties;
• A precise list of all delegation of authority;
• Full details of real estate.

It is also recommended that:

• duration of the document (without which it will be valid)1 year);
• The conditions for the realization of the dwelling (especially the price) – without ignoring this point, you can avoid the risk of a disadvantageous transaction;
• The possibility/feasibility of a representative ' s delegation to another person (if the matter is not considered, the rights may be entrusted - there is no risk in such matters).

Since notaries are liable if they cause damage to a citizen ' s property, they take this type of trust with great caution: they warn their clients of possible risks, and they familiarize themselves with the provisions of the Civil Code.

Once the paper has been processed, carefully read, signed, certified with a seal, you need to hand it over to your trusted person along with the real estate documents; in turn, the notary will enter the information on the issuance of the certificate into the register, the amount that is collected for the service.

The repeal of a general trust act is regulated by article 188 of the Code of Criminal Procedure, which is terminated if the trustee has died or has become incompetent; it may also be revoked on his own free will (exemption is an irrevocable act regulated by article 188.1 of the Code of Criminal Procedure).

This requires notification not only of the representative but also of the persons with whom the real estate transactions are conducted; if a person is missing, no transactions can be made on the basis of a previous power of attorney until such time as he or she is found.

If you are in another city or country

What to do if you are in another city and a trusted person cannot be present during the discharge? You need to contact the notary by taking your passport, the passport of the representative, the apartment papers. The legal value is the will of the trustee, the presence of the other party is not required.

But you have to consider that a person you've chosen may not be in charge of taking over, but you have to talk to him about your plans, or you're gonna have to make a new act, and that's a new waste of money and a waste of time.

When you're abroad, you can also form a power of attorney, but you have to have an apostille on it – an international stamp confirming the validity of the act.

Trust in the realtor.

Can the general power of attorney be given to the realtor? Because of the specific nature of the document, it is not necessary to do so in any way.

You can establish a one-time or special power of attorney – in which case the realtor will take on a certain set of tasks (e.g., time-consuming collection/formulation process).

You have to sign a sales contract and get the money yourself, and that's gonna save you the risk of fraud.

A sample of the power of attorney for the sale of an apartment

How do I sell the confidant apartment?

Once the paper has been received, your trustee may begin to sell the dwelling.

A solicitor is not entitled to offer a price below that which is recorded in the certificate of trust.

Buyer SearchIf the buyers have not yet been found, your representative will take over the process by making sales announcements, showing the apartment to interested persons, discussing nuances with them.

Collection of documents for the sale of real propertyThe authority of your trustee is to collect the necessary papers:

• Expensions from the EGRN;
• Checks on the absence of debts from the dwelling;
• papers confirming that there are no encumbrances;
• The cadastral passport;
• Expensions from the home book.

A sales transaction would also require:

• Right-building documents for the dwelling;
• A copy of the passport of the owner of the dwelling, the passport of the representative.

Processing of the transactionWith a package of documents, the representative, along with the buyers, goes to the notary office where the contract is drawn up and certified.

• Information on the apartment ( Address, area, etc.);
• your personal data as the direct owner of the dwelling;
• The written consent of the spouse if you are married;
• Information that the transaction is subject to a power of attorney;
• Personal details of the representative;
• Cost and manner of payment;
• Information on encumbrances;
• Obligations and responsibilities of the parties;
• Methods of dispute resolution;
• The date of the contract.

Getting money.In accordance with the payment clause in the contract, the representative shall settle with the buyer.

How much does it cost to make an apartment when you buy it?

The law does not specify who pays for the services of a notary, but usually most of the expenses are incurred by the seller; the cost depends on whether the contract is confirmed by its own will or is required by law.

A contract of sale with a notary is subject to compulsory certification in the case of joint property, as well as if there are underage owners.

1. The price of writing a contract.In the event that the law requires an assurance of the transaction, 2,000 roubles, and 4,000 roubles of its own free will. (The exact figure depends on the region.)
2. Certificate value with equity property or the presence of minorsPrice of notary services: 0.2 per cent of housing costs.
3. The cost of the certificate is of its own free will:

Amount of transaction Cost of certificate

Up to 1 million rubles.	3,000 roubles + 0.4 per cent of the dwelling price
Over 1 million roubles, but not more than 10 million roubles.	7,000 roubles + 0.2 per cent of the housing price less 1 million roubles.
Over 10 million roubles.	25,000 roubles + 0.1 per cent of real estate value less 10 million roubles.

1. Submission of a registration contractIn 2023, changes entered into force: notaries are required to send a contract for registration free of charge as of February (article 1 No. 338-FZ of 03.08.18).
2. I'm honored for registration.The State will have to pay 2,000 rubles, according to article 333.33, paragraph 22, paragraph 1, of the Russian Federation ' s Constitution (1.4 thousand rubles in electronic form) and this payment point falls on the new owner ' s shoulders.

Expenditure

When selling an apartment, income tax is required - 13% of the money received - but if it was owned for more than five years, the NPFL will not have to pay (formerly 3 years).

Risks of confiding an apartment

The General Trust is a document that carries many risks and almost completely exonerates the representative from responsibility.

The broad powers conferred by this act can be a serious temptation.

By trusting a conscienceless person, you may find yourself confronted with an uncontrolled disposition of your property — a representative is not obliged to inform you of what is being done.

The financial credentials mentioned in the document will not only allow fraudsters to charge the rent; they can borrow on your behalf, withdraw funds from deposit accounts.

In general, it was extremely difficult to challenge the actions of his representative in court, since he had a legitimate right to do so.

We recommend reading: Risks in selling an apartment

Most of the benefits of a general power of attorney can be realized by means of several separate acts of trust for the performance of specific actions – such documents will not give an outsider practically unlimited rights to dispose of property; the act may specify a number of non-recurring or permanent powers; a single document often combines the various rights granted – this is not prohibited by law.

On the seller ' s side

By realizing their property through a trusted person, the seller may be left without money or an apartment.

An example.A Belíkov citizen has established a general trust in his close friend and has gone to hospital for long-term treatment.

He authorized the trustee not only to sell the apartment, but also to get the money from the buyer, and when he returned after being treated, Belikov discovered that the apartment had been sold, all the papers were in accordance with the letter of the law.

The money has been received by the attorney, and he has fled to an unknown destination.

From the buyer ' s side

Cancellation of power of attorney can occur at any time, either as a result of the trust ' s will or as a result of his death, incapacity, or disappearance.

A trusted person can deliberately ignore a message, make a deal on an already invalid trust, and receive money.

If, in the event of the annulment of the act, it is possible to defend their rights through the court (the trustee is obliged to notify the person involved in the transaction of the revocation of the document), in the event of death (incapacity) all prisoners shall lose their validity after the fixed date of the contract.

An example.A citizen of Alexeev purchased the property on a general trust, paid the money to the attorney, and settled in the apartment.

The relatives of the deceased trustee applied to the court for the annulment of the illegal transaction (which took place after the owner had died and therefore the act was null and void).

According to the law, the apartment must be returned to the deceased, after which his relatives will inherit it.

Another risk faced in judicial practice is the deliberate distortion of the signature by the trustee. After selling the apartment to a con man, the owner demands that the property be returned, arguing that he has not signed any acts and that he has not handed over any powers.

How to secure the deal?

Both the seller and the buyer need to think about the security of the deal.

The only way to hand over your authority is to be a trusted person (the best of all is close relatives).	The form must be checked for forgery and errors – there must be no typing, no error, no cleaning.
In the event of suspicion of fraud, the power of attorney must be withdrawn immediately and the court must consider the transactions null and void.	It is necessary to make sure that the act actually exists; to do so, it needs to be entered on the FNS official website.
It is not possible to transfer to a trusted person the right to receive money (including an advance).	It is necessary to contact the owner in order to ascertain the legality of his attorney ' s actions.
It was necessary to consult with a lawyer on all paper-formulation issues; incorrect language could cause serious financial losses.	The seller ' s ability to act (he must provide a certificate upon request) would not be affected.
It is recommended that a notary deposit be used; money should be transferred only after the contract of sale has been officially registered and a certificate of ownership has been obtained.
For the sake of security of the deal, you need to consult a lawyer to help you avoid fraudulent schemes.

Notary ' s confidence prices

In accordance with article 333.24 of the Russian Federation's Code of Criminal Procedure, the price of a formal form (i.e., a government certificate for a licence) is 200 roubles, and you will also have to pay for technical/legal services of about 2,000 roubles. (The rate is set by the local notary chamber.) The document is produced on the Goznak form.

Someone who is far from legal may not even be aware of the dangers posed by the general power of attorney. Should we issue a document giving broad powers? Who should be selected as a representative? How can you draw up a trust document and make yourself as safe as possible? These and other questions can be asked by the website's lawyers.

Trust for the sale of an apartment

There are situations in which the owner of the dwelling is unable to sell it on his own because of his departure to another city, a serious illness, etc. In such a case, the seller may issue a power of attorney allowing the transaction to be carried out on his behalf to another person.

Model and highlights

A document giving one person the right to perform certain legal acts on behalf of another person is referred to as a power of attorney.A trust in the sale of a dwelling is issued in a notary officeand allows a person (or persons) in it to carry out the activities necessary for the sale of the dwelling.

• Registration of the transaction with the Rostreestra authorities;
• Signature of the purchase agreement;
• Transfer of accommodation on receipt/transfer certificate;
• Transfer of documentation to the apartment;
• Request for real estate certificates in ERGN, Property and BTI;
• Requesting information on the encumbrances on the apartment.

In some cases, the trustee – the attorney – may also exercise the power of discharge from a sold third-party apartment on behalf of the owner by contacting the migration service.

In addition to the attorney ' s credentials listed, the following information should be provided in the text of the power of attorney:

• FIO and passport data of the owner of the dwelling and the attorney;
• The postal address of the dwelling to be sold;
• The cadastral and inventory number of the dwelling;
• The details of the EGRN statement on housing rights;
• The size of the dwelling and the number of rooms;
• The term of validity of the power of attorney and the date on which it was issued;
• The FIO of the notary who certified the document.

There are two types of one-off trade-trust:

1. With the right to transfer money;
2. without the right to transfer the money.

Trusts with the right to transfer money are rarely issued, mainly to close relatives, if the owner of the property cannot participate in the transaction on his own account because of health problems; in such a case, the document must include a paragraph indicating the attorney ' s right to accept the money from the buyer as well as the amount of the money.

If a power of attorney is issued without the right to receive money from the attorney, the text of the power of attorney indicates the absence of such a right and the contract of sale gives the number of the account of the owner to which the buyer must transfer the money.

When a power of attorney is issued for the sale of several apartments to an experienced real estate owner, the owner may not specify the exact amount of the sale, butSpecify a price bar below which the solicitor is not entitled to be lowered in bidding with the buyer.

Features of the General Trust

A general power of attorney is a document that enables the attorney to carry out any legally meaningful action on behalf of his trustee:

• Make transactions;
• Sign agreements;
• To receive and send funds;
• :: Reconfirm authority;
• To represent the interests in all public bodies.

This type of trust in the sale of an apartment is established at a high level of trust between the owner of the dwelling being sold and the guarantor, as well as in complex encumbrance transactions where it is difficult to anticipate the total number of places visited and the legal actions required to dispose of the dwelling.

The holder of the general power of attorney cannot use it for his or her own benefit, such as selling his or her own apartment at an undervalued cost.

1. General trust transactions in favour of the attorney are considered null and void and the property is returned to the trustee ' s property.
2. Also in this type of power of attorney, it should not be prohibited to accept money from the owner of the dwelling or to limit the amount of such money, but a transaction clearly unfavourable to the owner of the dwelling could be declared invalid by the court and the attorney could be held liable for fraud.
3. A sample of the general power of attorney here.

Price of notary power of attorney

The value of the certificate of attorney in a notary office is set by the Tax Code at 200 roubles, but each notary is entitled to set his own tariffs, including the costs of verifying the trustee ' s identity and the attorney ' s and other costs.

The average value of the power of attorney for the sale of the dwelling is:

• One-time - 1,000 rubles;
• General - 2,000 rubles.

Prices may vary according to both the notary ' s reputation and the region of the notary ' s location.

In Moscow and St. Petersburg, the cost of a one-time trust can be as high as 2,000 to 3,000 roubles, while in small cities the cost of a power of attorney will be 500 to 700 roubles.

The amount payable to the notary may be divided into two parts:

• Mandatory - for the certification of the document;
• An additional one for checking the real estate and the attorney's identity.

The fees for checking the possible charges for a sold apartment would be between 300 and 500 roubles, and the charges for checking the defendant ' s criminal record or mental capacity could be between 500 and 1,000 roubles.

Trust for the sale of shares

If only a percentage of the accommodation is sold, the appropriate section shall be included in the power of attorney, which shall contain the following information:

• The amount of the share sold;
• The value of the share;
• A list of persons entitled to be present on the premises to be sold.

The size of the fraction is indicated as a simple correct fraction. If the share is already allocated in kind by BTI engineers, the area in square metres should also be indicated.

If the share sold includes public premises (e.g. a toilet, an inter-room corridor or a kitchen), the trustees must list the owners of the rest of the dwelling or those registered in it, since such persons are entitled to use the share sold on an equal basis with the buyer.

In order to address possible misunderstandings, the power of attorney indicates that the attorney undertakes to inform the prospective buyer of shares of the rights of third parties.

How to Formalize Trust

The order of the power of attorney for the sale of the dwelling is as follows:

1. The owner of the dwelling (seller) collects the necessary documents for the apartment and selects the future attorney.
2. The seller makes a visit to the notary with the chosen attorney.
3. The notary checks the dwelling documents, the residence owner's passport, and the attorney's passport.
4. The necessary paragraphs describing the attorney ' s powers shall be entered into the power of attorney.
5. A notarized fee is paid according to the office ' s tariff net.
6. The seller and the attorney sign the power of attorney, and the notary assures it of his signature and seal.

The following documents will be required for the authorization:

• The passport of the owner of the dwelling and the attorney;
• An extract from the EGRN on the right to an apartment;
• A cadastral passport and a plan for a top-level exhibition from the BTI;
• Compensatory certificates.

If a minor is prescribed in the apartment, further authorization from the guardianship service will be required in the form of an order from the local administration.

Depending on the possible burden on the accommodation found by the notary in the examination of the documents, the owner may be requested to supplement the one-time power of attorney with additional paragraphs concerning the authorities that the attorney may visit on behalf of the seller.

Duration of the power of attorney

The period of validity of a single and general power of attorney shall be specified in a separate paragraph in the text and may be of any duration.

If the term of the power of attorney is not specified, it shall be deemed to be 12 months from the date of discharge.

It is important to bear in mind, however, that the power of attorney must necessarily include the date of commencement, otherwise the power of attorney itself and all transactions made through it will be considered null and void.

Trusts issued prior to 7 May 2013 had a maximum duration of 3 years, after which the restriction was lifted, andThe power of attorney for the sale of housing is now terminated early in the event of:

• Death of the owner of the dwelling;
• Withdrawal of the owner ' s power of attorney;
• Discontinuation of the work of an attorney of his own free will;
• The bankruptcy of a trustee or attorney.

The one-time power of attorney shall cease to apply even after the registration of the transfer of the right to an apartment has been completed.

How to Check the Validity of Trust

In order to verify the authenticity of the document submitted by the attorney, the first step is to check the attorney ' s passport and the details of the attorney ' s credentials.The following points are further highlighted:

• The notary ' s seal and signature;
• Information on real estate in trust;
• The notary's contact details.

The documents quoted in the document should correspond to the original document, so the attorney should be asked to present the cadastral passport for the apartment and the EGRN property statement in the verification of the authorization.

If there is any doubt after the check, you can call the notary, give him the authorization number, and clarify its authenticity.

Conclusion

It is possible to sell an apartment without personal participation and save time. In order to avoid rendering a transaction null and void in the future, the attorney must be carefully selected and a list of powers must be carefully drawn up, in consultation with lawyers if necessary.