For those of you moving to Spain or thinking of buying property, you may need to be up to date on laws relating to Power of Attorney – Webster Asesores is here to lend a helping hand.
Do you live abroad and want to buy a property in Spain? Well, you don’t have to worry: thanks to the power of attorney you can buy or sell your property, even if you are not present. In this article, the professional team of Webster Asesores explains the process.
It often happens, especially when you own part of an inherited flat, that the property is located in a different district from the one you live in. This does not usually cause any inconvenience, but the day comes when they decide to sell the flat and you, for work reasons, cannot be present at the signing of the purchase contract.
So, what happens, can you still sell the flat? Don’t be overwhelmed, because there is a solution: you can give a power of attorney to a third party, where you authorize him/her to represent you in the sale and purchase transaction.
What is Power of Attorney?
The power of attorney is a document in which you authorise a third party to represent you in the execution of the sale of your property. In other words, the attorney-in-fact can sign the purchase contract on your behalf.
Ideally, the power of attorney should restrict the actions that the authorised person can take. In other words, we recommend that you only authorise him/her to sell the property, specifying the conditions. Otherwise, the attorney-in-fact could carry out other transactions and end up abusing his or her power of attorney.
Webster Asesores explained to Spain Life Exclusive how they recently dealt with a case where a family in Britain needed to sign documents to purchase their home in Spain, but were unable to travel due to complications caused by the Covid-19 virus.
This is a perfect example of where Power of Attorney comes into play, where you need to find a trusted legal representative to take care of your financial affairs, all while remaining in the comfort of your home.
How Can I Obtain it?
Webster Asesores in Javea, Alicante can take care of the details that you need to present to the notary. Firstly, you will need:
- The full name of the authorised person
- His or her National Identity Document
- The address
- Marital status
The notary will ask you for all this information in order to draw up the document. The Power of Attorney has to be signed in the presence of a Notary Public in the UK. Once the document has been signed by you and the Notary, it has to be legalized by the Foreign Office, which the Notary usually takes care of.
Your representative at Webster Asesores will be required to show the original legalized Power of Attorney document to the Notary where the signing is going to take place, so you will have to send the original to Spain from the UK.
For further information, don’t hesitate to get in touch with Webster Asesores to ensure a smooth sailing process.
About Webster Asesores
Based in Javea, Alicante, Webster Asesores consists of a highly-experienced multilingual team, with a vast knowledge of Spanish laws and legislations, as well as property transfers, inheritances and wills.
Webster Asesores S.L.
Edificio Velas Blancas – Calle Salvador Salvá
- Telephone: 902 887 900
- Email: firstname.lastname@example.org