A power of attorney is a contract by which one of the parties appoints the other party to act on his behalf. This contract ends with the death of either party or the resignation of the lawyer or the dismissal of the lawyer by the client or with the insanity of the lawyer or the client, and in this respect there is no difference between a non-dismissal power of attorney contract or a simple power of attorney contract.
Power of attorney is a contract that is permissible, that is, a contract that ends with the death of either party or the resignation of the lawyer or the dismissal of the lawyer by the client or with the insanity of the lawyer or the client. For example, if someone gives power of attorney to someone else to buy a car for him, the person who gives the power of attorney is called the client and the person who has to buy the car is called the lawyer. Now, if the lawyer goes crazy before buying a car, or dies, or resigns from doing so, or dismisses his client, he will no longer be allowed to do the car deal.
Terms of power of attorney in the purchase and sale of property
Sometimes, for reasons such as the time it takes to transfer the property, the cost of the transfer, the unavailability of the document or the rush that the seller has, the document is not stamped in the name of the buyer and a power of attorney contract is concluded between the buyer and the seller. The lawyer deals with matters related to the document, such as receiving registration inquiries and, most importantly, municipal accounts, and finally registering the document.
In this case, pay attention to the following points:
Immovable power of attorney does not mean that the buyer can call the document in his own name at any time. This means that the seller cannot personally terminate his power of attorney.
This contract is void upon the death of the parties, the insanity of the parties, or the resignation of the lawyer. Therefore, it is better to do this power of attorney only for administrative purposes, and if you are buying and selling real estate as a power of attorney, turn that power of attorney into a definitive document very quickly.
In a power of attorney, the client can do all the work related to the transaction and this right is not taken away from him. So if you want everything to be done by a lawyer, explicitly state in the power of attorney that the client has no right to interfere and do things.
In the case of an immovable power of attorney, if the client dies, and the buyer has not yet named the financial document he has purchased, the deceased heirs must proceed to transfer and sign the official document. Because the contract has been terminated with the death of the client. So be careful to do the paperwork quickly.
Note that the power of attorney that is being set has a time limit.
It is best to avoid advocating for inheritance and partnership deals involving more than one client.
When you buy a property through an attorney, you do not own a home until you have a document. In this case, the seller has the right to sell the property to others. So be careful when preparing a power of attorney, prepare an affidavit and in the power of attorney take the right to sell the property to another person from the seller. By setting up a deed, it means that you are the owner of the property and you can prove any problem that arises in court.
Given that the grant of a power of attorney does not legally lead to expropriation, until the transfer document is finalized, the client, ie the seller, is recognized as the owner, in which case the creditors can easily transfer the money to which you have an irrevocable power of attorney. Seize and eventually transfer. Dowry is very common in these cases!
What documents are required to prepare a power of attorney?
It is necessary to write the power of attorney of the national card and the identity card of the lawyer and the client and a copy of them.
If you are going to be a power of attorney to buy or sell a car or property, you must provide the documents to the offices that show the client’s ownership. That is, any rights that are to be granted by a client to a lawyer must be substantiated by the client.
Things to look for in a power of attorney:
Read the power of attorney carefully. Write down everything you want to say in detail.
In case of large transactions through a power of attorney, be sure to inquire in writing from the office that prepared the document before making the power of attorney credit transaction.
It is better to use real estate power of attorney only for administrative matters, and if you are buying a property, turn it into a final document as soon as possible.
Be sure to visit the notary public to arrange a power of attorney. Your power of attorney must be in writing and registered in the official offices. Otherwise, your power of attorney is terminated, and it is not legal.
Make two copies of the power of attorney. One copy is the seller’s hand and one is the buyer’s copy.
Do not practice law with people you do not know