Power of attorney for the sale of real estate

Power of attorney for the sale of real estate in Poland

Legal practice has recently shown an increase in demand for remote asset management tools. This is convenient if the owner cannot be present at the transaction. Then the execution of a power of attorney for the sale of real estate becomes the only legal way to sell square meters.

Such a document takes the form of a notarial deed. This confirms its validity in state registers and banks. To fully transfer powers to a representative, the following documents are usually used:

• A power of attorney designed to sell only a specific object at a set price.
• A general power of attorney for the sale of real estate – gives the right to dispose of any property of the owner.
• A power of attorney that grants the right to sign contracts and receive a deposit.
• A document for representing interests in courts and tax authorities regarding property.

Power of attorney for the sale of real estate for a foreigner

The status of a non-resident imposes certain features on the process of preparing documents. When a power of attorney is required for the sale of real estate for a foreigner who is territorially located in Poland, linguistic authenticity and the legality of the owner’s stay in the country are of critical importance. The notary must ensure that the client is fully aware of the consequences of transferring rights to his property.

The procedure for foreign citizens includes the following steps:

• Checking the validity of the residence card or visa through the electronic systems of the Ministry of Internal Affairs.
• Engaging a sworn translator for simultaneous translation of the content of the act.
• Verifying ownership of the object through international data exchange systems.
• Providing explanations regarding taxation of income from the sale of property.

Cross-border transactions: selling property in Ukraine

For many Ukrainian citizens living abroad, the issue of alienating assets in their homeland is relevant. The ability to issue a power of attorney for the sale of real estate while in Poland allows you not to cross the border in person. This saves the owner’s time and resources. This option is especially important for those who have a limited vacation period or a specific legal status.

To successfully implement this task, it is necessary to take into account:

• Requirements of Ukrainian notaries to the content and form of foreign powers of attorney.
• The need to affix an apostille to documents issued by Polish authorities.
• Timely sworn translation of the text into Ukrainian in accordance with standards.
• Checking the object in Ukrainian registers through a representative before signing.

The coordinated work of lawyers in both countries guarantees that the document will be accepted by the state registrar in Ukraine without any comments. This allows the owner to calmly go about his business in Poland while his representative finalizes the deal at home.

Universal solutions for property rights

There are often situations when one action is not enough to complete a transaction. In such cases, a comprehensive power of attorney is drawn up for the sale, purchase or donation of real estate in Ukraine. It covers all possible options for disposing of the object. This is the most flexible tool that allows the representative to adapt to changing market circumstances.

A comprehensive document usually provides the following powers:

• Searching for a buyer or an object for investing funds.
• Signing preliminary and main contracts at a notary.
• Paying taxes, duties and other mandatory payments on behalf of the owner.
• Registration of ownership in relevant state institutions.

Algorithm for implementing a power of attorney for the sale of real estate in Ukraine

The process of remote alienation of property begins with detailed coordination of the text of the document with a Ukrainian notary, who will subsequently conduct the final transaction. This is critically important, since Ukrainian legislation imposes strict requirements on wording.

It is necessary to clearly describe the property, the scope of the representative’s powers and the right to receive funds. When the draft document is ready, the owner makes an appointment to visit a Polish notary or a Ukrainian consular office. This is necessary to officially certify his will.

After the sale of real estate in Ukraine from Poland through a power of attorney has received documentary confirmation, the stage of legalization begins. Since the document is issued by a foreign notary, it must be stamped with an apostille at the Polish Ministry of Foreign Affairs.

This procedure confirms the authenticity of the notary’s signature and seal at the international level. Only after this does the document become legitimate for Ukrainian state registrars and technical inventory bodies.

The final step is the physical transfer of the original to Ukraine and its sworn translation. It must be notarized already in Ukraine. After that, the data on the document is entered into the Unified Register of Powers of Attorney.

Only after completing all these technical stages, the trustee receives the full right to sign the purchase and sale agreement. The representative will be able to apply for an extract from the register and make financial settlements on behalf of the owner who is in Poland.