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

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The buyer can purchase an apartment without appearing in person for the transaction. To obtain the desired property in such cases, he must issue a power of attorney for the purchase of an apartment.

How to issue a power of attorney to purchase an apartment

To purchase real estate remotely, you need a power of attorney of one of the following types:

One-time. Issued for a specific action, for example, collecting documents for registration of a written policy.
General (general) is the most common power of attorney, which allows the holder to collect and sign documents and dispose of real estate at his own discretion.
Power of attorney. With such a document, a person authorized to make a transaction can entrust this process to another person, for example, a realtor, a lawyer, who will better understand the issue and take into account all the pitfalls.

There is another type - “special” powers of attorney, but their execution when buying an apartment is inappropriate, since the process does not involve repeated similar actions.

The power of attorney is drawn up in writing. Since real estate transactions are subject to mandatory state registration, and in some cases, mandatory notarization, the power of attorney for the purchase of an apartment must be certified by a notary (clause 1 of Article 185.1 of the Civil Code of the Russian Federation).

What is the advantage of a general power of attorney over others?

A general power of attorney should only be issued to a person in whose actions you can be unconditionally confident. With such a document, the representative will be able to:

inspect the proposed options and make a choice in favor of a particular property;
negotiate with the owner, agree on the price;
check documents confirming the indisputability of the transaction;
manage money, choose the most suitable payment method;
sign an agreement;
draw up a transfer deed;
register property rights in Rosreestr.

In fact, the purchase “from A to Z” is carried out by another person who has the time, desire and interest to complete the transaction.

When drawing up a “general power of attorney”, the text includes the following phrases: “I grant the right to purchase an apartment in the city N and to carry out all actions related to the implementation of this order...”, “I trust to buy an apartment and to be my representative in institutions: BTI, Rosreestr, territorial office MFC, registry office, guardianship and trusteeship authorities...; sign a purchase and sale agreement; re-register property rights on my behalf...” The full range of activities of the attorney is listed.

Such a power of attorney is issued if the spouse acts on behalf of the entire family, or the parents purchase an apartment for the child at their own expense, but do not entrust such a complex process to an inexperienced son (daughter). “General” is indispensable if the spouses spend their time for a long period (the husband goes on a voyage, expedition, or service under a contract). In the event of an unforeseen situation, the wife will be able to dispose of the property without waiting for her husband.

What does a one-time power of attorney give?

Since buying a home is a multi-step process, one stage of the transaction can be entrusted to an attorney. It is allowed to entrust the verification of the legal purity of the transaction, the signing of the agreement and transfer deed, the registration of the transfer of ownership or any other process.

So, for example, if the buyer has chosen housing, drawn up a preliminary contract, but is forced to go on a business trip and does not have time to finalize the transaction, the remaining processes can be entrusted to a third party through a power of attorney. Then the document will indicate: “I trust to sign the contract for the purchase and sale of an apartment located at the address...; the cost of the apartment is ...”, or “register ownership in the name of ...”.

If you are in another city

It is convenient to buy an apartment by proxy if you plan to move to another city. So, for example, working in Ryazan and planning to move to Moscow, a citizen can hire a realtor in Moscow and entrust him with the purchase of real estate. The principal himself will be able to continue to work and live at the place of registration. He will not have to endlessly travel from city to city, look at housing options, request certificates and do other things that require a temporary stay in another city.

Main types

There are several power of attorney options that can be used to purchase real estate. Among them are the following:

General . Notaries do not indicate this exact wording anywhere, but it is used everywhere. This power of attorney allows you to carry out the necessary actions with the principal’s real estate and provides the broadest powers.
With the right of subrogation . Typically, such a power of attorney is issued to a realtor so that they can perform a one-time action with the apartment. For example, it allows an agent to submit documents to Rosreestr for registration without your personal participation.
Buyer's power of attorney . It provides the opportunity to deposit money and the right to sign when concluding a purchase and sale agreement. It is important to indicate the address of the property and the purchase price.

Rules for issuing a power of attorney

To issue a power of attorney, you must contact a notary with the following documents:

your passport and attorney’s identity card (take originals and copies);
a document containing exact information about the property being purchased (if the right to choose an apartment is not transferred to an authorized person).

A general power of attorney is filled out on a notary’s letterhead; other types of powers of attorney can be drawn up yourself, but it is better to entrust the process to a specialist.

The power of attorney contains the following information:

date and month of registration;
information about the designer and authorized person (full name and other passport data, place of registration);
a list of actions that are entrusted to the attorney;
validity period of the document.

A power of attorney that does not indicate the date of execution has no legal force. The validity period may not be specified. By default, it is equal to 1 year from the date of document execution. If a power of attorney is issued to a person to perform an action abroad, and its duration is not specified, it is unlimited until revoked.

Sample power of attorney for the purchase of an apartment

When a power of attorney to sell an apartment is invalid

The main danger of transactions made on behalf of an attorney is the execution of a purchase using an invalid power of attorney. Despite the work of websites that allow you to check the validity period of a document, information does not always arrive promptly due to possible communication failures. You should independently study the information why a power of attorney is invalid. There are several reasons:

The date of execution of the document is not indicated. There may not be an end date, but the beginning of the action is mandatory.
Expiration date. You need to check if the expiration date is specified and compare it with the current one. If there is no end date, you should check to see if a year has passed since it started.
Incorrect passport information.
Death of the principal. From the moment the holder dies, the power of attorney ceases to be valid.
The principal has become incapacitated, has limited legal capacity, or has been declared missing in court.

It is also possible to revoke a power of attorney. It is done in notarial form. The next day after making the corresponding entry in Rosreestr, the notary is obliged to notify the attorney, as well as third parties interested in the transaction, about the cancellation.

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

If it turns out that the power of attorney has been revoked, but the interested parties did not know about it and could not know, the actions that were taken under the power of attorney remain valid. It does not bother the principal to check the power of attorney for inaccuracies and errors, otherwise the transaction may be declared invalid.

Registration procedure

To issue a power of attorney, you must first make an appointment with a notary.
He will tell you the exact date and time and list the necessary documents. If everything is in order, the registration procedure will take no more than 20-30 minutes. If powers are transferred to a legal entity, it may take up to 3 days for the notary to study the documents. To draw up a legally competent document that will fully comply with all legal requirements, it is important to do the following:

Provide the notary with a complete set of documents.
Provide complete information about the person to whom the right to act on behalf of the principal is transferred. It is important to check that the power of attorney contains no errors in his passport data.
List to the notary what specific actions must be performed on behalf of the principal. Provide information about the validity period of the power of attorney.

The notary will examine the documents provided and draw up a power of attorney. Next, he informs the client about all the consequences of the decision. He makes sure that the person is aware of all the negative and positive aspects of his decision. After this, the signature of the principal is affixed. At the end, the notary certifies the document with his personal signature and seal.

If the principal is an individual, only personal presence at the notary is allowed.

Procedure for purchasing an apartment by power of attorney

To buy an apartment by proxy, you must:

Contact a notary, highlight the list of powers that the attorney can perform, draw up a document with a signature and seal. You can specify the validity period as you wish. If a “general” is issued, for example, during a long-term departure of a spouse, it is worth choosing a longer validity period. As a rule, a period of 3 years .
With a general power of attorney, the attorney can contact a realtor or organize legal support for the purchase of a home and select the property to be purchased.
Next, you should check the legal purity of the transaction to determine whether there are any circumstances under which the DCT can be cancelled. To check, you should request: a USRN certificate, a cadastral passport, and also check the legality of redevelopments, make sure that the persons living in the apartment are deregistered, and make sure that utility bills are paid on time. If the property belonged to a minor child or a person with limited legal capacity, there must be permission from the guardianship and trusteeship authorities to carry out the sale. When alienating joint property of spouses, the Seller must provide a notarized consent of the spouse to complete the transaction.
If the verification was successful, all documents are available, you can draw up an agreement, having previously stipulated the rights and obligations of the parties, choosing a form of payment.
Execute an agreement with the bank to rent a safe deposit box or take other actions that involve secure payment after re-registration of ownership. Deposit money into the cell (account).
After signing the contract, re-register the transfer of ownership of the apartment. To do this, you need to contact Rosreestr. The transfer can be completed if the power of attorney contains a corresponding entry on the authority to carry out registration actions.
Sign the transfer and acceptance certificate. This document confirms the fulfillment of obligations on the part of the Buyer.

At this point the deal can be considered completed.

Expenses

The Buyer's costs for issuing a power of attorney will be 200 rubles. (Article 333.24 of the Tax Code of the Russian Federation), however, this is only part of the amount to be paid. A separate fee is charged for drawing up a power of attorney and providing assistance in formulating certain items. Each notary has the right to independently determine the cost of legal and technical services. In general, the cost will be about 1,500 rubles, but for close relatives the cost may be lower.

The next cost item is for notarization of the transaction. It may be mandatory or voluntary. If an apartment that belongs to a minor, an incapacitated citizen, or is in shared ownership is being sold, a certificate is required. The amount will be 0.5% of the contract price, but cannot exceed 20 thousand rubles. With voluntary certification you will have to pay more, and in accordance with Art. 22.1 Fundamentals of legislation on notaries, the amount is equal to:

3000+0,4% from the cost of the apartment, if it is less than 1 million rubles;
7000+0,2% from the price of housing exceeding 1 million rubles, if the amount in the contract is less than 10 million rubles;
25000+0,1% from a price exceeding 10 million rubles. however, the amount cannot exceed 100 thousand rubles.

The parties agree in advance on the procedure for paying current expenses. Negotiations can be conducted by an attorney, preferably a person who understands the legal intricacies of the issue. This makes it more likely that the Seller will bear the costs.

When registering, you will have to pay a state fee equal to 2 thousand rubles.

Who should compose?

This document implies that after its application the principal will have certain rights or obligations, i.e. to some extent, its legal status will undergo changes. Also, with the help of a power of attorney, fairly large amounts of financial resources are disposed of , since housing is one of the most expensive goods.

These factors make the drafting of a deed of trust particularly important. Special and one-time powers of attorney can be drafted by any competent lawyer. They can be written by hand or in printed form. The main thing is that the principal signs the power of attorney in the presence of a notary.

General powers of attorney can only be drawn up by a competent notary. When drawing up, for example, a one-time power of attorney, it is possible to download a sample from the Internet and draw it up yourself. However, this is very risky.

Real estate transactions have many nuances. Templates cannot be applied to all agreements. You need to approach each situation individually. Therefore, it is better to go to a notary. The more powers are transferred by power of attorney, the more expensive it is. You need to correctly formulate a list of powers that you are willing to entrust.

Risks of buying an apartment by proxy

Since the alienation of property is associated with the handling of large sums of money, groups of fraudsters operate in the real estate market. There are cases of transactions being carried out using fake powers of attorney, and the Buyer’s money is transferred to a fictitious account for a non-existent apartment. When planning a purchase, you need to be vigilant.

From the seller's side

For the Seller, there is a risk of the transaction being disrupted if it turns out that the counterparty’s attorney exceeds his authority and acts on forged documents. It also happens that unscrupulous relatives fraudulently issue a general power of attorney and act on behalf of an elderly person who is unaware that his property is being sold. The illegality of a transaction can be recognized by going to court, but this will require material and moral costs.

There are often cases when the principal is no longer alive, and under his power of attorney real estate is sold or other legally significant actions are performed.

From the buyer's side

For the buyer, the main risk is to trust an unreliable person. The greatest losses are possible when issuing a general power of attorney. An attorney from among the scammers or “black realtors” will happily take on the job, and the result can be disastrous, for example:

The trustee will fraudulently take money for the apartment, fail to complete the transaction, and disappear.
For an impressive amount of money, an apartment with a good renovation and layout can be selected and presented to the Buyer as being purchased, but in reality the property will be purchased at a bargain price in a disadvantaged area. The difference in cost will go to the fraudster and his accomplices.
Due to incompetence, the attorney may cause confusion in the documents, be inattentive in checking documents, or, out of ignorance, buy an apartment that is under encumbrance, with illegal redevelopment, hidden owners.

The buyer should not completely trust a stranger. A general power of attorney can only be issued to trusted people, for example, close relatives.

We recommend reading: How to protect yourself when buying and selling an apartment

Are there any risks when purchasing remotely?

Risks when buying remotely are directly related to the choice of real estate, since it is very difficult to study the property from a distance. More difficulties arise when using the method with a power of attorney. This applies to cases where an unscrupulous person is chosen as a representative. Particularly serious problems can arise when using a general power of attorney, since it gives more powers than a regular one. For this reason, lawyers do not recommend registering it with unverified persons, for example, realtors, who are capable of colluding with the seller to complete a transaction that is unfavorable for the buyer.

How to secure a transaction

In order not to lose property and money when buying an apartment by proxy, you must:

Check the identity of the attorney. If a power of attorney is issued for a realtor, you need to find out which agency he works for, check his reputation based on reviews in the media, and ask for recommendations. It would be a good idea to contact the seller of the apartment personally and discuss the nuances of the transaction. As an option, use Skype or social networks to communicate. Without personal acquaintance with the seller, you should not sign any powers of attorney (with the exception of a general power of attorney for a close relative).
Check the identity of the notary at the notary chamber. Fraudsters may use a fake notary.
Determine the scope of authority, indicate which apartment needs to be purchased, and clarify all the nuances of the process.
Do not trust an authorized person to receive money, and if interaction between the Seller and a representative on financial matters is unavoidable, provide for obtaining a receipt for receipt of funds from the Seller.
Clarify what points should be in the policy.

To protect yourself from the machinations of scammers, you need to trust only trusted people, draw up a power of attorney to perform specific actions and enlist the support of a lawyer.

Purchase through a notary office

In 2021, notaries were given the right to conduct real estate transactions remotely. Previously, this was only possible with the help of a power of attorney. To complete a transaction, you need to select an object, contact the seller, agree on the price and other nuances. Then everything happens like this:

The buyer and seller choose a notary in their city, with whom the day of the transaction is agreed upon.
At the appointed time, the notary agrees on the draft agreement with each of the parties, which is then entered into the Unified Notary Information System.
The agreement is signed with the electronic signature of the applicant, and then with an enhanced qualified signature of the notary, which gives the document legal force.
After registering the transaction by a notary, electronic documents are sent to Rosreestr, after which all that remains is to receive them personally by e-mail.

Power of attorney for realtor

When buying an apartment, you can issue a power of attorney to the realtor, but not a general power of attorney, but to perform certain actions. You should not trust an agency employee unconditionally; it is better to assign certain functions to him.

The help of a realtor is especially relevant if there is an alternative transaction, that is, involving the simultaneous purchase and sale of 2 or more real estate properties. Buyers look at apartments, and if they agree to purchase, they issue a power of attorney to the realtor. That is, the purchase and sale of several apartments will be supervised by 1 person.

Realtors are used by buyers who do not want or do not have time to deal with the entire registration process on their own, or who live in another city or country. It is more convenient to find the right option, draw up a letter of credit or an agreement with the bank to rent a safe deposit box, and then transfer to the realtor the right to sign the agreement and register the transaction.

When is a power of attorney considered invalid?

There are conditions under which the power of attorney ceases to be valid. This happens in the following cases:

there is no registration date;
the principal revoked the document through a notary;
the principal has died;
expired.

The validity period is indicated in the power of attorney. If there is no such data, by law it is 1 year.

Thus, a power of attorney allows you to purchase an apartment on behalf of the principal, if he does not have the opportunity to personally do this. But it must be formatted correctly. If this is not done, the document will not have legal force.

Power of attorney for registrars

Registration of the transfer of ownership is a simple but mandatory procedure that requires the collection of documents and time. You can delegate the functions to the registrar. At the same time, the purpose of its issuance is formulated in the power of attorney:

“... to represent my interests in the Office of the Federal Service for State Registration, Cadastre and Cartography, its territorial bodies, with the right to register my ownership rights under the apartment purchase and sale agreement...”.

The power of attorney is issued in writing and its notarization is required. The procedure is safe, since the text of the document is checked by a notary, and registration actions are not carried out without checking the accompanying documentation.

The only thing that remains to be monitored is the signing of the transfer deed and the receipt of funds by the Buyer. The deed can be executed personally or entrusted to a person authorized by power of attorney. The procedure for transferring money should be agreed upon in advance and outlined in the contract. The safest method would be to use a reliable bank or use a notary's depository account.

It is safest to buy an apartment using a general power of attorney, having issued a document in the name of a close relative (parents, adult children or others). However, due to ignorance of the intricacies of the transaction, even the closest people acting in the interests of the principal can be deceived.

A lawyer will help you complete the remote purchase of a home.
To avoid troubles, find out in advance: is it possible to issue a power of attorney to a realtor when purchasing an apartment? How to entrust the registration of the transfer of ownership rights? How to buy an apartment in another city (country) without leaving your place of residence? Ask questions to a lawyer at law-divorce.ru and get a free consultation. Attention!

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Author of the article

Maxim Privalov

Lawyer. 2 years of experience. I specialize in civil disputes in the field of housing and family law.

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Issue features

This document has a number of features for issuing if a citizen is married, takes out a mortgage or buys an apartment in a new building or at the stage of an apartment building project.

Issuance under a share participation agreement

Buying an apartment at the construction stage has a number of nuances. It is worth considering that this house has not yet been put into operation or has not yet been built at all, so the principal must write in the powers that he gives the citizen the opportunity to purchase an apartment in the future and gives him the right to sign the DDU, as well as all subsequent documents that will be are directly related to the design of the finished apartment.

In another city

If a citizen has granted the right to register an apartment in another city, then it is worth saying that the procedure is no different. The power of attorney can be sent by mail or courier.

For mortgages and military mortgages

According to Russian legislation, any citizen has the right to purchase real estate at his own discretion in any region of the country. Military personnel are also vested with this right, but due to the specifics of their work, they do not always have the opportunity to be present during the purchase of an apartment. To do this, a serviceman can issue a power of attorney, and as we have already indicated above, this document can be certified by both a notary and his immediate commander.

From spouse

If the principal is married, he will need to obtain permission from a notary to carry out the purchase and sale of an apartment if the property is registered in the name of the wife/husband or if the spouses have a marriage contract.

From a foreigner

Foreigners on the territory of the Russian Federation have essentially the same rights as citizens. A foreigner can absolutely legally purchase an apartment in Russia, both personally and by proxy. In the second case, he needs to contact the embassy of the country of which he is a citizen and obtain certification of a power of attorney by the ambassador.

Assessment of the internal condition and surrounding area

Before purchasing, you must request from the seller or your personal manager as many informative photographs and videos as possible. Be sure to ask to display in graphic materials:

condition of bathrooms and kitchen;
state of communications;
entrance, elevator;
view from the windows;
condition of furniture and household appliances;
general view of the yard, playground;
parking

It is best for the owner to provide you with photographs taken at different times of the year and day (if such a possibility exists). This is necessary so that you have the most realistic idea of the apartment.

Electronic power of attorney

Today, issuing an electronic power of attorney is becoming increasingly popular. This document is drawn up by a notary and has the same force as a paper format.

The document is certified very quickly and easily sent by email to the right person, which is why many legal organizations use this type.

How to buy an apartment in another city: choosing an object

From the developer

Study how quickly and efficiently the company builds residential complexes, whether there were any long-term construction projects. Read reviews on city forums.

It is necessary to carefully check all documents:

Certificate of state registration of a legal entity;
Extract from the Unified State Register of Legal Entities;
Construction permit license;
A draft share participation agreement, a copy of the passport and power of attorney of the company representative, a protocol on the appointment of the head of the construction company.

Carefully study the design of the house in which you are going to rent an apartment, the deadlines for its delivery and handing over the keys (sometimes even after commissioning, receiving them is delayed for years).

Pay attention to the accreditation of the selected developer with banks - this indicates his good reputation. The developer's liability can also be insured under the DDU with an insurance company.

Secondary housing

Verify the ownership of the property with the seller to avoid unnecessary risks. If the apartment was purchased during marriage, the consent of the spouse is required, even if they are divorced. Find out if the apartment is pledged to the bank if it was purchased with a mortgage. Is there a seizure on the property?

All this information can be found from one document - extracts from the Unified State Register of Real Estate. You can order the document on the EGRN.Reestr website. The service operates around the clock.

Order a USRN extract right now