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.

Key legislative aspects

Legislative settlement of the issue related to the representation of the interests of the property owner

When deciding to issue a power of attorney, each owner must familiarize himself with the legislation that regulates the procedure for carrying out this procedure.

Fortunately for many, the concept of “representation” and everything connected with it is clearly explained in a separate chapter of the Civil Code of the Russian Federation (Civil Code of the Russian Federation).

So, in accordance with Chapter 10 of the current Civil Code of the Russian Federation, the following concepts can be distinguished:

Representation is a process in which one person, acting under a power of attorney or similar act from another, carries out any measures, most often transactions, on behalf of the latter.
A representative in any transaction must fully reflect the will of the person who entrusted him to act on his behalf. Actions on the part of a representative committed in his own interests in any transaction are unacceptable. It is impossible to work through such a person in cases established by the legislation of the Russian Federation.
The representative must act with the approval of the person who has entrusted him with his representation. In the event that any transaction was completed without such consent, its results can be either approved or contested by the person whose interests the representative expressed.
The main document confirming the right of representation is a power of attorney. This is a written authority issued from one person to another authorizing representation.
The execution of this document must be carried out in accordance with the provisions of current legislation and not violate them.

To better understand the essence of the topic under consideration, it is important to personally familiarize yourself with Chapter 10 of the Civil Code of the Russian Federation. It covers all the legislative nuances that must be taken into account when drawing up any types of powers of attorney.

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.

Document validity period

For how long can a power of attorney be drawn up for real estate?

In accordance with the legislation of the Russian Federation, when drawing up a power of attorney, you can indicate its validity period. Or you can refrain from such actions.

If the trust document precisely regulates its validity period, it is worth relying on the date of termination of the power of attorney based on it.

If the principal has not indicated the period of time for which he allows his representation to the proxy, then the provisions of Article 186 of the Civil Code of the Russian Federation are applied to determine the validity period. More precisely, they read:

In the territory of the Russian Federation and abroad, the validity period is exactly one year from the date of its registration only if it is not specified in the trust document.
Abroad, this document, certified by a notary, is valid until it is marked by the principal. But only if the trust document does not contain an expiration date.

As judicial practice on trust issues shows, problems often arise with those papers that do not have an expiration date.

That is why our resource strongly recommends that all potential principals indicate the validity period of powers of attorney issued on their behalf.

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.

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

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.

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 issued without the right of alienation?

A power of attorney for real estate management may be needed in several cases:

If you need to resolve issues about an apartment with municipal or state authorities.
To resolve issues with housing and communal services authorities.
To participate in homeowner meetings where signatures are required.
For carrying out engineering communications, concluding contracts with service organizations.
To carry out repairs in a house or apartment, if a contractor is hired under a contract. He will not enter into an agreement with a stranger without a power of attorney.

Note: the list of actions with real estate can be anything, the main thing is to reflect it in the power of attorney with the most precise wording. It is important that they cannot be interpreted in two ways.

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!

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
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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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What should be indicated in the document on the sale and purchase of housing?

The purchase and sale of real estate by power of attorney entails some changes made to the agreement between the seller and the buyer. It additionally contains information about:

The principal.
Confidant.
Power of attorney form.

The “header” of the contract specifies who the direct buyer is – the principal (full name, registration address, passport details) represented by an authorized representative (full name, place of residence, information from an identity card). The next sentence indicates the basis on which the attorney acts - the name of the form, the document number and the date of its preparation.

We wrote in detail about the procedure for concluding a real estate purchase and sale agreement in a separate article.