Power of attorney for the sale of real estate - legal requirements and procedure

You can leave the conclusion of a sales contract for an apartment, house, land to a lawyer with a special power of attorney (e.g., if you are abroad for a long period of time). The lawyer will conclude (sign) the contract in your name and for your account, in accordance with the mandate relationship and special power of attorney, with the same legal effect as if you had signed the contract yourself.

As the law particularly emphasizes the security of legal transactions in real estate transactions, additional, both substantive and formal requirements are prescribed for the power of attorney for the sale of real estate.

According to the Notary Act, the power of attorney for the conclusion of a legal transaction, the subject of which is real estate, must include the following:

  • that the lawyer is authorized to conclude a sales contract for real estate, which must be designated with data from the land register,
  • the power of attorney must specify at least the minimum price for which the lawyer can sell the property,
  • about the lawyer's obligation to inform the principal in advance of the transactions that he will conclude within the scope of the power of attorney.

 

The principal's signature on the power of attorney must be notarized! If you live or are abroad for a longer period of time, you can also have the certification done abroad (usually a notary will be responsible for this). In this case, a certified power of attorney must be presented with a certificate of the authenticity of the signature, the function of the signer of the document and the stamp or seal on the document from the competent authority of the country of origin of the document (so-called apostille).

If you are or live abroad and would like to sell an apartment, house or land in Slovenia with the help of a lawyer, you can do this with a special power of attorney. Contact lawyer Jurij Kutnjak from Slovenia and he will provide you with the appropriate power of attorney for the sale of real estate, the signature of which you can also have certified by a notary in the country where you are or live.

The power of attorney must be drawn up in Slovenian or also in a foreign language if a certified translation by a Slovenian interpreter is attached to it.

A mandatory annex to the power of attorney is also the so-called apostille - confirmation of the authenticity of the signature, the function of the signer of the document and the stamp or seal on the document. This is done by the competent authority of the country of origin of the document to be used in another country and does not relate to the content of the document itself.

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