We bought an apartment by proxy from the owner. General power of attorney for an apartment

A power of attorney for real estate is a document according to which one person (the principal) transfers all powers to manage or dispose of his property to another person (the attorney). Powers of attorney can have different purposes:

• to carry out any one-time action;

• for representation in any one area;

• to resolve all issues in a specific area of ​​interest.

Since any change in the title document for real estate is registered in the state register, a general power of attorney is also drawn up and certified by a notary office. Let's take a closer look at how to issue a general power of attorney for real estate with the right to sell.

What rights does a general power of attorney give?

Registration of a general (or general) power of attorney for an apartment gives the authorized person the right to carry out any manipulations in this area:

• carry out paperwork on behalf of the principal;
• solve organizational and bureaucratic problems;
• participate in the registration and conduct of any real estate transactions (purchase and sale agreements, donations, leases, exchanges).

In addition to the general power of attorney, two more types of powers of attorney are practiced:

• one-time(to perform one specific action);
• special(drawn up for a strictly specified period to carry out a number of actions).

Both types are most often intended for collecting and preparing pre-sale documents to a third party (often a realtor acts as an attorney in such cases). It should be remembered: a transaction for the sale of housing is possible only with a general power of attorney.

When drawing up a permit, as a rule, a specific object is specified, indicating the exact address, a description of the object and its registration data.

The type of real estate transaction for which the document is issued is also indicated and the powers assigned are listed. Such a restriction in actions allows you to protect yourself from committing any other actions related to this property.

Some features of drawing up a power of attorney

An interesting fact is that after drawing up the contract, the principal will not be able to transfer his property to the trustee, nor will he be able to sell it to himself.

Signing a gift agreement under a general power of attorney is excluded. In such cases, it must clearly describe the subject of the gift and indicate the recipient of the gift. When drawing up a power of attorney for a deed of gift, as a rule, a one-time permission is issued.

The validity period of the power of attorney is strictly specified and prescribed when drawing up the agreement. Usually it does not exceed 3 years. If the agreement does not have an expiration date, such a power of attorney is valid for 1 year. If the date of signing is not indicated, then such a power of attorney is invalid.

In exceptional cases, it is possible to issue a durable power of attorney, but not many notaries agree to confirm it.

The authorized person has the right to transfer his powers to a third party. In such cases, the power of attorney is reissued by subassignment, and its validity expires simultaneously with the main agreement.

Procedure for issuing a general power of attorney

To issue a general power of attorney for real estate, the principal’s personal presence at the notary’s office is required; the presence of an authorized person is not necessary.

To draw up a contract, you will need the following documents:

• civil passport of the principal;
• civil passport of the authorized person.

Other identification documents are not accepted, as reliable data is required: full name, date of birth, place of birth, registration data.

At the time of signing the agreement, the property owner must draw up clear wording regarding the type of power of attorney and the actions that will be specified in the agreement.

The text of the general power of attorney for the right to sell real estate (apartment) is drawn up in writing and includes a detailed description of the actions that the owner (principal) authorizes the attorney (trusted) person to do.

This may be the collection of pre-sale certificates and signing a preliminary certificate, receiving the collateral value, or full participation in the purchase and sale transaction, including receiving cash.

If the title document indicates several owners, the power of attorney must also indicate these persons.

The agreement on the transfer of powers must include the following details:

• date of signing the contract, place of its issue (written in full, without abbreviations);
• last name, first name and patronymic of the principal, date of birth, passport details, place of registration (registration);
• last name, first name and patronymic of the authorized person, date of birth, passport details, place of registration (registration);
• exact coordinates of the property being sold, indicating the share of each owner;
• clear guidelines for action for the trustee;
• validity period of the power of attorney;
• personal signature of the author of the document (principal).

How much does it cost to make a power of attorney from a notary?

The price of issuing a power of attorney for the sale of housing consists of several factors:

• type of power of attorney;
• notary work;
• payment of state duty in the amount of 200 rubles.

The cost of issuing a power of attorney is:

• A one-time permit will cost the principal 600 rubles.
• A special-type contract costs about 1,500 rubles.
• Drawing up a general power of attorney costs at least 2,000 rubles.

It should be taken into account that when conducting a purchase and sale transaction, you will also have to pay about 10-12 thousand rubles for drawing up the contract.

When a power of attorney is invalidated

The principal has the full right to terminate the powers of the attorney at any time. To do this, it is enough to contact the nearest notary office of any city with a corresponding application. In this case, the reasons that prompted the cancellation of the power of attorney are completely irrelevant.

In addition, there are a number of conditions under which a power of attorney for all powers can be declared invalid (void):

• if the document was issued by a minor (under 14 years of age);
• if the document is issued to minors (from 14 to 18 years old) without the written permission of parents or guardians and;
• if the principal is declared incompetent;
• if registration took place due to compulsory actions of third parties;
• if at the time of signing the capable principal was in a state of passion or was not aware of his actions;
• if the validity period specified in the document has expired.

Important: a transaction for the sale of real estate carried out under a void general power of attorney is invalid.

It must be remembered that drawing up a power of attorney for the sale of real estate is always associated with great risk. You need to be extremely careful when choosing an attorney.

If a power of attorney is issued to a realtor, you need to:

• Firstly, be confident in the purity of his intentions;
• Secondly, deal only with reliable, proven real estate agencies;
• Thirdly, clearly define its powers.

Advice: in order to avoid tragic consequences, it is better to avoid issuing a general power of attorney for an apartment. You can limit yourself to a one-time document authorizing the collection of documents, but it is still better for the owner to be present at the transaction in person.

If there is even a shadow of doubt about the authorized person, you need to immediately revoke the document.

It should be understood that selling an apartment by proxy causes distrust among the buyer, and therefore the price for such housing is always somewhat underestimated.

However, a well-executed power of attorney for housing can significantly facilitate the owner’s pre-sale period, which involves a lot of costs and effort.

Video: When and how a gene can be issued. power of attorney for the apartment

Circumstances may arise such that it becomes necessary to sell the apartment, but it is not possible to attend the transaction in person. In such a situation, you can choose a trusted person who is responsible for performing all the work for the owner. What aspects need to be taken into account when transferring a power of attorney and choosing your representative?

Key Aspects

Typically, a power of attorney is issued to a relative or other close person. This document allows you to perform legal actions on behalf of the owner. It is important to draw up the document in such a way that the trustee is vested only with a specific list of powers. Wide possibilities for disposing of real estate carry a certain danger.

The document must contain complete information about the property and the identity of the representative, including the following:

• Passport details.
• Location.
• Characteristics and address of the apartment for sale.

Note! The authorized person is given the authority to sign on behalf of the copyright holder. Therefore, his choice should be taken very seriously.

The specifics of transferring a power of attorney are regulated by the following regulations:

• Civil Code of the Russian Federation.
• Federal Law No. 218 of July 13, 2015 “On state registration of real estate.”
• Federal Law No. 4462-1 dated February 11, 1993 “Fundamentals of the legislation of the Russian Federation on notaries.”

According to the Civil Code of the Russian Federation, a power of attorney must be certified through a notary. But there are exceptional cases when a citizen cannot be physically present in a notary’s office. Depending on the location of the principal, the document is certified by the head physician of the hospital, the captain of a sea vessel or the head of the correctional institution.

The Civil Code of the Russian Federation establishes important additional provisions:

• According to Art. 188, the principal has the right to revoke the power of attorney without giving reasons, just as the trustee can refuse to assume obligations.
• If the document does not indicate the possibility of transferring authority, the representative must perform all specified actions personally. Issues regarding the transfer of responsibilities are discussed with the owner.

Which power of attorney should I choose?

There are several options for powers of attorney that can be used to transfer rights to sell real estate:

General power of attorney provides the most extensive powers in the transaction process. This allows you to resolve all issues at once. But this is not the safest document for the owner. In this case, a one-time power of attorney may not be enough to perform the required actions, but its issuance will not lead to negative consequences.

Features of the power of attorney

According to Part 1 of Art. 185 of the Civil Code of the Russian Federation, the principal provides his powers in writing, and the proxy accepts responsibilities for representation to third parties.

The power of attorney clearly states all the actions of the authorized person, which may include the following:

Note! Separately, it should be indicated whether the right of delegation to a third party is given.

The power of attorney specifies its validity period. According to Art. 186 of the Civil Code of the Russian Federation, if it is absent, the period is considered to be set at 1 year. The date of drawing up the power of attorney is mandatory.

Sale by proxy

If you need to do everything to receive money, a general power of attorney is suitable. It means the transfer of full authority to sell real estate, from collecting documents to verify the purity of the transaction and ending with the signing of the transfer deed.

The notary may have doubts about the procedure for selling an apartment by power of attorney. Realtors try to formalize the transaction directly or meet with the owner to find out the reason for transferring rights by proxy. But if a person cannot be physically present at the transaction, this is a completely justified step.

If the apartment is sold by proxy, the following sequence of actions is performed:

Preparatory stage

At this stage, the representative collects documents that are necessary not only for signing the contract and its registration, but also for checking legal security.

For the latter, the buyer may request the following documents:

• Archival and regular extract from the house register.
• Certificate of absence of debt for utilities, telephone and Internet.
• Certificate from psychoneurological and drug treatment clinics from the seller.
• Extract from the Unified State Register of Real Estate.

One of the most important documents is an extract from the Unified State Register of Real Estate . From it you can see the history of ownership of the object, the characteristics of the apartment itself, the current owner, the presence or absence of encumbrances. The last point is the most important, since if there is an encumbrance, the transaction is unlikely to be registered.

The buyer can also request documents and information to verify the validity of the power of attorney. He may require a conversation with the owner, at least by phone. This is normal practice and allows him to protect himself.

Concluding a transaction and registering the transfer of rights

At this stage, it is necessary to discuss all the conditions, including the specifics of payment, transfer of the apartment and ownership rights to the new owner. All this must be reflected in the contract. The agreement is signed in the presence of a notary, who certifies the transaction. He will check the authenticity of the power of attorney, the correctness of the agreement and, if necessary, make changes. After signing, the documents are sent for registration.

To do this, the following is submitted through Rosreestr or MFC:

• Passports of the seller and buyer.
• Power of attorney and passport of the representative.
• Contract of sale.
• Title documents for the apartment.
• Extract from the Unified State Register of Real Estate.
• Receipt of payment of the state fee for registration.
• An application of the established form, the form of which is issued on site.

Registration is carried out within 7-9 days depending on the place of submission of documents. After this period, an extract from the Unified State Register is issued indicating a change of owner.

In most cases, buyers insist on payment after registration. This does not pose a threat to the seller. If payment is not forthcoming, he may cancel the registration due to non-payment of the contract. But by agreement, payment can be made at the time of signing the contract.

It is important for the owner and trustee to think through payment issues in advance. Money can be transferred to an account, transferred by hand or through a safe deposit box. The safest option in this case is a bank account. If money is transferred in cash, it is better for the owner to come to transfer the money.

After registering the transfer of ownership rights and payment, the physical transfer of the apartment occurs. The buyer and seller sides draw up a document in which the parties report the absence of claims. It is indicated that the apartment was transferred in proper condition, and money for its sale was received.

As a result, the transaction fully complies with the usual procedure. The only difference is that the seller is not personally involved in it. The buyer has the opportunity to legally verify the power of attorney. To do this, he may request additional documents.

The legislation establishes the following situations when a power of attorney terminates:

• Expiration of the document.
• Refusal of the trustee to continue fulfilling the assumed obligations.
• Cancellation by the principal regardless of the reason.
• Recognition of the principal as missing or his death.
• Recognition of the principal as limited or completely incompetent by the court.
• Recognition of a document as invalid by a court decision.

Legal consequences for the trustee occur only after he becomes aware of the termination of the document.

Until this moment, he can fulfill the obligations entrusted to him.

Possible risks

It is important for the principal to be completely confident in the person who has decided to entrust the right to sell the property. If in doubt, you can transfer only the right to conclude an agreement under certain conditions, and appear in person to receive the funds.

Attention! The law prohibits registration of property in the name of a trustee. This is done to protect the interests of the copyright holder so that he does not lose property and money. If doubts arise about the integrity of the representative, it is better to revoke the power of attorney as quickly as possible. This will prevent future problems.

Thus, a power of attorney is no different from the usual procedure. But a trusted person acts on behalf of the seller. To protect yourself, you need to choose your representative carefully. And if possible, it is advisable to show up at least for the transfer of funds for the apartment.

The video story will tell you about the intricacies of the transaction of buying and selling an apartment by proxy

Today there is 3 types powers of attorney:

1. One-time power of attorney. A document is issued for the purpose of carrying out a single action.
2. Special power of attorney. It is issued for a certain time for the authorized person to carry out several similar actions.
3. General power of attorney. The document gives the principal the maximum completeness of action.

Most often based on one-time and special power of attorney entrusts a third party with collecting documents for the sale of real estate. The sale of an apartment as a whole can only be carried out by general powers of attorney (Article No. 185 of the Civil Code of the Russian Federation).

Important! A power of attorney for the sale of real estate must be Necessarily certified by a notary.

In the document are indicated: validity period (maximum three years), date of issue, details of both participants and powers of the trustee. Must also be present intelligence about the place of signing the document.

When is it invalid?

The power of attorney may be declared void in the following cases:

• if issued by an incapacitated person;
• if issued by a person under 14 years of age;
• if issued by a person aged 14-18 years without the written consent of parents or guardians;
• if issued by a capable person in a state of passion or misunderstanding of his actions;
• if issued by a person under physical pressure from other persons;
• if the document has expired or the principal has abandoned the power of attorney.

Attention! A transaction carried out under a void power of attorney is recognized invalid.

How can a realtor help?

A power of attorney for the sale of real estate can be issued to an individual or legal entity.

It can be relatives, but often employees are involved in the preparation and execution of the transaction real estate agents companies.

In fact, realtors are strangers. The question begs itself: can you trust to a stranger his property, even if he is a professional?

The process of preparing and completing a transaction is not easy and requires a lot of time and effort. In this sense realtor services can be very useful. Real estate agency employees are involved in organizing the transaction, so you should not be surprised if they ask you to issue a power of attorney. This document is necessary to relieve the owner from unnecessary fuss with documents.

The realtor to whom the power of attorney has been issued has the right act on behalf of the owner, but only within the limits limited by the power of attorney.

It is important to indicate in the power of attorney only those powers that contain minimal risk for the seller. Most lawyers advise to extradite realtors a one-time or special power of attorney to make or accept an advance payment, as well as to collect documents for registering a purchase and sale agreement.

Most often, the realtor is entrusted with collection of documents. Such a power of attorney absolutely safe and at the same time makes the life of the owner easier, relieving him of paperwork.

All organizing the sale of an apartment the realtor can provide only after receiving a general power of attorney. Often such a document is needed by the owner living in another city or abroad.

Danger!

The issuance of a general power of attorney is accompanied by huge risks.

Choose reliable, stable company, check all documents carefully, control the process even from afar.

Write down all powers and conditions in the power of attorney.

If there are any suspicions, immediately revoke the power of attorney.

You can arrange the so-called "partial power of attorney", according to which the realtor will collect and hand over all the documents, and the purchase and sale agreement will be signed by the owner of the apartment.

List of required documents

To formalize any power of attorney relating to real estate transactions, the owner needs to contact a notary office with your passport and with the passport details of your authorized representative(full name, date and place of birth, registered address).

Presence of the most trusted person not necessary.

Information: there is a fee for drawing up a power of attorney state duty(200 rubles).

Sales process

If you decide to sell an apartment by proxy, proceed as follows. Decide on the type of power of attorney (general, one-time or special). Contact a notary office and draw up a power of attorney, indicating in it in as much detail as possible all the powers that you grant to a third party, and the conditions that suit you.

An integral part of the power of attorney is agreement. Study it very carefully and make adjustments if necessary.

Regularly monitor how the work on the issued power of attorney is progressing (for example, whether a sale announcement has been issued).

You can even call the ad and ask for conditions.

From the point of view of legal registration, the process of selling an apartment by proxy is no different from regular real estate sales scheme owner: preparation of documents; execution of the contract; registration of the agreement; final settlements.

The only difference is that the documents indicate that the person is acting under a power of attorney, and all interested parties will necessarily check the competence of the attorney’s actions.

The rest will depend on what actions you entrust to a realtor or relative, and what steps you take on your own.

Risks

Why can’t a trusted person sell an apartment to himself? A power of attorney is special document. You only need to register it in the name of a person you trust.

If the document is issued to a realtor, then you need spell out clearly all his powers.

Statistics say that it is realtors who most often become participants in fraud and carry out criminal manipulations with powers of attorney.

The most common scheme looks like this: a company employee receives the authority to collect and submit documents, then duplicates the title documents for the apartment, forges a signature in an agreement drawn up in a simple form of alienation of real estate (that is, without notarization), and re-registers the title to his accomplice. All that remains is to sell the apartment.

The law provides protection of owner's rights real estate: no type of power of attorney makes the trustee the owner.

In addition, the authorized representative does not have the right to make transactions in relation to myself personally.

This means that even if he has a general power of attorney, he can not sell the apartment to yourself.

Transaction by proxy is always raises doubts from the buyer, so the property is usually sold at a reduced price. And the seller should know about this before making such a decision.

So to minimize risks When selling an apartment by proxy, follow the recommendations of professionals.

Try as much as possible avoid registration general power of attorney, it is better to use a one-time or special one.

Write it down clearly all powers confidant. Indicate the minimum cost and the actual price of the property.

Treat with due care to dates, deadlines and all other formalities. Make sure reliability a trusted person, including a real estate company.

In case of any suspicious situation revoke the power of attorney.

Overall be attentive and careful. Vigilance is the main defense against scammers.

Thus, power of attorney for sale apartment can significantly help the seller.

Otherwise, the process of selling an apartment will not differ in any way from a purchase and sale transaction in the traditional sense.

But you will saved a lot of hassle and you will be able to lead your usual lifestyle, without being torn between work and fussy walking around offices and authorities in order to obtain the next document or certificate.

So don't be afraid execution of a power of attorney. A correctly drawn up document will help you successfully sell real estate without unnecessary effort and time.

Power of attorney for the sale of an apartment.

Various life situations may deprive you of the opportunity to personally participate in the sale of your own apartment. Serious illness, business trip, residence in another country (in another region of the country) and other cases are grounds for drawing up a power of attorney, according to which the authority to sell an apartment can be transferred to a third party.

The so-called trusted, you can entrust the sale of an apartment from start to finish, which is most often referred to as a general power of attorney. It is worth considering that in this case it is necessary notarization such a document.

Registration of a power of attorney does not require collecting a large amount. The process of selling an apartment itself will not differ from the usual process, with the exception of the need for the authorized person to present a document on the basis of which a certain amount of authority has been transferred to him. The changes are also minimal and related to the indication of the data of the authorized person.

Therefore, the purchase and sale transaction by proxy possible and is carried out in practice due to various life situations.

Basically, the sale of an apartment to a third party is entrusted in case of impossibility personal participation in the sale of an apartment (for example: illness, moving to a new place of residence in another city). In other cases, a power of attorney is rarely issued, and the owner personally deals with all issues related to the transaction. First of all, it is connected with the whole a number of risks both for the owner himself and for buyers.

In addition, such sale of property through a third party may adversely affect its attractiveness to potential buyers.

If the transaction for the sale of an apartment is notarized authorized person, or he will be represented during the state registration of the transfer of ownership, then such a power of attorney must also be notarized in accordance with paragraph 1 of Art. 185.1 of the Civil Code of the Russian Federation. In addition to numerous issues related to the execution of a power of attorney, the inclusion of the necessary provisions in it, it is necessary to initially think through the terms of authority that will be entrusted to a third party.

The text of the power of attorney must define the powers of the authorized person (the functions of the attorney). These include:

• collection of documents, certificates, extracts necessary for the sale;
• selling an apartment;
• signing a purchase and sale agreement;
• receiving funds for the sale of property;
• delivery and (or) receipt of documents from the relevant government agencies.

It is also advisable to indicate whether the attorney is provided right of subrogation, that is, the right to transfer powers (received by proxy) to another person.

In addition, according to Art. 186 of the Civil Code of the Russian Federation, a power of attorney is considered issued for one year from the date of its execution if there is no specific period indicated in it. Wherein the date of execution of the power of attorney is required to be indicated in such a document.

How to sell an apartment by proxy without the owner

To sell an apartment without the participation of the owner in this process, it is necessary to issue an appropriate power of attorney, called a “general” power of attorney. This name implies the transfer all sales powers of such real estate from collecting the necessary documents to receiving funds and the appropriate registration in the territorial body of Rosreestr.

In the case of drawing up a general power of attorney and undergoing the procedure for its notarization, the presence of the owner when signing the purchase and sale agreement, collecting and processing the necessary documents and other actions not necessary.

List of documents

Considering the need for notarization of a general power of attorney must be provided to the notary:

• information about the principal and attorney (original passports);
• text of the power of attorney (if the power of attorney is drawn up by the notary himself, it is not required);
• terms of reference of the attorney.

No other documents are required for certification, as well as for the execution of a power of attorney in general. For necessary standard set of documents and a power of attorney from the authorized person (together with the original of his passport for identification. The package of documents includes:

• power of attorney;
• passports of the parties to the transaction;
• certificate of absence of debt for utility services.

Agreement for the purchase and sale of an apartment by power of attorney

Agreement on the sale of an apartment carried out by power of attorney, is different from the purchase and sale agreement according to the general rules only by clarifying the presence of a power of attorney and information about the attorney. A sample agreement for the purchase and sale of an apartment by proxy from the seller is presented below.

Who pays tax on a real estate transaction by proxy?

According to the tax legislation of the Russian Federation, when receiving funds for the sale of an apartment, you must pay. The only exception is the case in which the property being sold is owned by more than three years(clause 17.1 of article 217 of the Tax Code of the Russian Federation). If the apartment has been owned for less than three years, you will have to pay the appropriate tax.

Due to a serious illness and the inability to independently sell her apartment, Semenova A.L. entrusted it to her son, V.N. Semenov. sell an apartment. For this purpose, a general power of attorney was issued, which was certified by a notary. Two months later, Semenov found a buyer and sold the apartment, transferring the proceeds to Semenova. Considering that the said property has been owned by Semenova for more than three years and in accordance with clause 17.1 of Art. 217 of the Tax Code of the Russian Federation, no income tax was paid for the sale of the apartment.

Considering that the attorney doesn't receive money from the sale of an apartment, the tax must be paid by the person who received income from the sale of the apartment, that is, the owner.

This is confirmed by the provisions of Part 1 of Art. 207 of the Tax Code of the Russian Federation that taxpayers include persons receiving income from sources in the Russian Federation, to whom, in accordance with clause 5, part 1, art. 208 of the Tax Code of the Russian Federation refers to income from the sale of real estate.

Risks of the buyer and seller when selling under a general power of attorney

Selling an apartment under a general power of attorney carries a number of risks for both buyer and seller. For the buyer, the risks lie in the following possible situations:

• the power of attorney may be forged or terminated (due to expiration, cancellation, or death of the principal);
• incapacity of the person who issued the power of attorney;
• 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 a number of risks. Considering that the attorney is completely entrusted with the conduct of the entire transaction, various difficulties may arise with incorrect execution of the contract itself, which can lead to its invalidity.

In addition, the attorney may receive funds from the seller and not transfer them to the owner apartments. Therefore, it is best to indicate the terms of reference in the power of attorney itself as carefully as possible, and also carefully choose an attorney.

Is it possible to invalidate a transaction?

A transaction made using a power of attorney, like any other transaction may be declared invalid. In this case, there are no exceptions, however, for the reasons set out in Chapter. 9 of the Civil Code of the Russian Federation, new ones are added. The validity of the transaction is excluded if the owner or his authorized representative is incapacitated.

In addition, at the time of conclusion of the transaction, the power of attorney may be revoked or expired, which deprives the attorney signature rights such an agreement, as a result of which the agreement signed by such person is also declared invalid. If the power of attorney itself is declared invalid (improperly executed, not signed, not certified by a notary), then the transaction signed under it is also declared invalid and is disputed.

Conclusion

Selling an apartment by proxy can be an excellent tool with which you can sell your apartment with a minimum of effort and expense. Typically, this opportunity is used due to the impossibility of personally participating in the sale of an apartment or reluctance due to poor literacy in the matter of selling real estate. Often, powers of attorney are concluded not only between relatives or other persons whom the owner trusts, but also with specialized legal entities that are engaged in this type of activity.

However, we should not forget that the trust of such an important issue (and the cost of real estate is quite high) must be calculated: it is necessary to take the choice of an attorney seriously, correctly draw up the terms of reference for him, and, if possible, monitor the actions. It should also be expected that property sold in this way may be less attractive to buyers due to possible risks.

Question

The right to sign an agreement by proxy

I'm going to entrust the sale of the apartment to my brother. When drawing up a power of attorney, a question arose about the possibility of my brother signing a purchase and sale agreement as my representative. Does he, as my attorney, have the right to sign the deal?

Answer

Sample contract for the purchase and sale of an apartment by power of attorney 2018 free download

AGREEMENT
purchase and sale of an apartment by proxy

Russia, Rostov-on-Don, 01/15/20__

We, the undersigned: citizen Petrov Ivan Aleksandrovich, born November 30, 1970, passport: series 60 03, No. 235056, issued 03/09/2003. Department of Internal Affairs of the Pervomaisky district of Rostov-on-Don, division code 612-054, registered at the address: Rostov-on-Don, Pushkinskaya street, house No. 30, apt. No. 14, hereinafter referred to as the “Seller”, represented by the representative - Sidorov Vladimir Nikolaevich, born on August 22, 1965, passport: series 60 02, No. 123432, issued 02/05/2002. Department of Internal Affairs of the Sovetsky district of Rostov-on-Don, unit code 612-050, registered at the address: Rostov-on-Don, Tekucheva street, house No. 40, apt. No. 36, valid on the basis of a power of attorney dated January 10, 20___, certified by a notary of the city of Rostov-on-Don - A.A. Krasnov, number in the notary register - 1213, on the one hand and citizen Petr Ivanovich Ivanov, March 12, 1988 birth, passport: series 60 04, No. 238987, issued 05.15.2004. Department of Internal Affairs of the Kirov district of Rostov-on-Don, unit code 612-052, registered at the address: Rostov-on-Don, Gazetny lane, house No. 75, apt. No. 23, hereinafter referred to as the “Buyer”, on the other hand, have entered into this agreement as follows:

1. The Seller sold and the Buyer bought an entire residential apartment No. 14 (fourteen), letter “A”, located at the address: Rostov-on-Don, Pushkinskaya Street, building No. 25 (twenty-five) and having cadastral number 61:55: 0020432:16:5/4.

2. The above-mentioned alienated apartment consists of two living rooms, a kitchen, a bathroom, a toilet and two corridors, with a total area of ​​62.5 (sixty-two point five) square meters. m., incl. living area of ​​37.4 (thirty-seven point four) square meters, located on the fourth floor of a five-story brick residential building (there is a balcony), which is confirmed by the cadastral passport of the premises, issued on 01/08/20___ by the Office of the Federal State Registration Service, Cadastre and cartography for the Rostov region and a technical passport issued on January 11, 20___ by the Bureau of Technical Inventory of the city of Rostov-on-Don.

3. The above alienated apartment belongs to the Seller on the basis of the Apartment Sale and Purchase Agreement dated May 15, 2008, which is confirmed by the Certificate of State Registration of Rights: series 61-AN No. 211324, issued on June 18, 2008. Department of the Federal Service for State Registration, Cadastre and Cartography for the Rostov Region.

4. The seller guarantees that at the time of signing this agreement, the above alienated residential apartment has not been sold to anyone else, has not been donated, has not been pledged, is not in dispute, is not under arrest or prohibited and is free from any rights of third parties.

5. At the time of signing this agreement, there are no citizens registered in the alienated apartment as a place of residence or as a place of stay, which is confirmed by a certificate from ___(organization)___, dated January 14, 20___.

6. The Seller sold and the Buyer bought the above residential apartment for 2,300,000 (two million three hundred thousand) rubles. The indicated price of the apartment is established by agreement of the parties to this agreement, is final and, in the future, is not subject to change. The specified amount was received by the Seller before signing this agreement.

7. The transfer of the alienated residential apartment by the Seller and its acceptance by the Buyer took place before the signing of this agreement. The apartment transferred to the Buyer is in a condition suitable for living, is properly landscaped, and meets the established technical and sanitary requirements. The buyer was given the keys to the specified apartment, as well as a cadastral passport of the premises and documents confirming payment of utilities.

8. The buyer has familiarized himself with the technical and sanitary condition of the apartment transferred to him, has no complaints about it and agrees to accept the above-mentioned apartment as ownership. The parties have established that from the moment of signing this agreement, the visible deficiencies of the above residential apartment do not constitute a basis for the subsequent application of Article 475 of the Civil Code of the Russian Federation.

9. The parties to this agreement have agreed that this agreement has the force of an act of acceptance and transfer of the alienated residential apartment and from the moment of signing this agreement, the Seller’s obligation to transfer the above alienated apartment to the Buyer is considered fulfilled.

10. In accordance with Articles 131 and 551 of the Civil Code of the Russian Federation, the transfer of ownership of the above alienated apartment is subject to state registration in the Office of the Federal Service for State Registration, Cadastre and Cartography for the Rostov Region.

11. The ownership right to the above alienated residential apartment arises from the moment of registration of this right in the Unified State Register of Rights to Real Estate and Transactions with It.

12. The parties to this agreement have agreed that all costs associated with state registration of the transfer of ownership of the alienated apartment to the Buyer shall be borne by the Buyer.

13. This agreement is considered concluded from the moment it is signed by the parties to the agreement.

14. This agreement is drawn up in three copies, one of which is handed over to the Buyer, the second to the Seller, and the third copy remains in the files of the Office of the Federal Service for State Registration, Cadastre and Cartography for the Rostov Region.

SIGNATURES OF THE PARTIES:

Salesman

Buyer— ___(signature)___: ______(last name, first name, patronymic in full)_________________