How to sell a property while living abroad

Selling a house or flat is something we can see through even when we are away from home. How do you sell a property while abroad? The formalities involved are not complicated. Let us look at what needs to be taken care of to complete the process.

• An attorney can help you sell the property
• A power of attorney comes in many forms
• What form must a power of attorney take?
• Power of attorney – what should it contain?
• Formalities you must not forget when selling a property in Poland from abroad

An attorney can help you sell the property

To sell a house or flat, we should appoint an attorney (pełnomocnik) who will see to all the procedures. Whom can we choose as our representative? Anyone we choose can perform this function, provided they have legal capacity. Often these are close family members, but many people also decide to use the services of a professional (an estate agent or a lawyer). A person who authorises a third party to perform legal acts on their behalf becomes the principal, and the attorney is legally authorised to act on their behalf. What needs to be done next in order to sell a property while abroad?

A power of attorney comes in many forms

To entrust a third party with handling matters related to the sale of a property, we must, as mentioned, grant them a power of attorney. The matter is not entirely straightforward, however. It turns out that there are several kinds of power of attorney (general, generic and specific). Which one should you choose? To sell a particular property, a specific power of attorney should be granted. Its key feature is that it authorises a third party to perform an act that goes beyond ordinary management. The content of the power of attorney must therefore clearly show that the representative is authorised to sell a given, clearly defined property while the principal is outside the borders of the Republic of Poland. Such authorisation is a declaration of intent that allows a given legal act to be carried out. It is certain that a general power of attorney is ruled out for this act.

READ ALSO – SELLING A PROPERTY WITHOUT THE CO-OWNER'S CONSENT

What form must a power of attorney take?

A power of attorney to sell a property must be confirmed by a notarial deed (akt notarialny), on pain of invalidity. This means it is the only proper form for establishing this act. The formal requirements are governed by Article 98 of the Civil Code, which provides that where a legal act requires a special form, the power of attorney must be granted in that same form. In addition, Article 158 of the Civil Code states that a contract for the sale of a property should be concluded in the form of a notarial deed. Otherwise it will be considered invalid.

Power of attorney – what should it contain?

The document establishing the power of attorney must contain a number of key pieces of information. First of all, it is necessary to determine what the attorney may do on behalf of the principal. The document should specify the minimum price for which the property may be sold. It is also good to include permission for the attorney to represent us before public offices or in dealings with natural and legal persons connected with the property. It is also worth stating in the document what type of property the power of attorney concerns. Lawyers stress that it can be revoked at any time and that this act does not need to be confirmed by a notarial deed. Let us add that the legal authority of the representative expires on the death of the principal or the attorney. Once the authority has expired, the latter must return the power of attorney granted to them.

Formalities you must not forget when selling a property in Poland from abroad

It is extremely important in this context that the power of attorney may be drawn up outside Poland. It is important, however, that the content of the document is checked with a Polish notary. This matters because legal regulations in Poland and in the country of residence may differ. In addition, a document drawn up outside Poland should contain an "Apostille clause". This is a certification that the document may be used outside the country in which it was drawn up. Moreover, the document should be translated into Polish by a sworn translator.

Selling a property, for example in Gliwice, while abroad is not difficult. When taking this step, however, remember all the formalities listed above. Then dealing with them should be straightforward. If you need a consultation on this subject, it is worth turning to the specialists at REMAX Gold, whose knowledge will help you get through the sales process.