Real Estate Power of Attorney | Luxury Law

Power of Attorney

The Power of Attorney is a formal document in which you enable someone else to sign a legal deed on your behalf. It is strictly necessery that you make sure that the person you are giving authority to sign is a trusted aide.

If you cannot be present at the completion, but you do want to have your contract signed, the power of attorney might be your solution.

It is always convenient to know a fews thing before giving power to a third person to represent you. Here some advices:

  • Instead of giving a generic authority to the person who have chosed to represent you, it is advisable to use a limited PoA.

Even if you trust the person who will sign on your behalf, it is always better to limit the contect of the PoA expecially if a consistent amount of money is involved.

If you are giving authority to sign to your lawyer, he can draft it and ensure that you have fully understood its content.

  • Because a PoA has a timelife effect unless you cancell it, remember that there is not a duration limit of it. This is very important in the event that you give authority to someone, but then you change your mind about going ahead with the transaction.
  • When purchasing a property make sure that all the details are correct, that your name and surname is well spelled and it is the one shown in your formal documents (ie. passport). A Notary might refuse to let the attorney sign on your behalf for very little and appartently insignificat reasons, however these reasons are not insignificant under Italian law, and you cannot be represented if there are even just slight mistakes in the PoA.
  • If the PoA also includes the authority to receive or release money on your behalf, make sure that the amount is well specified or that the person who will represent you has understood how much to receive or pay to the other side.

The above are just few advices among many others that we will be pleased to give you.

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