Can't sign the sales agreement?

Make a proxy!

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IStock / City Presse

Given the sums at stake, a real estate transaction is an appointment that we avoid missing.

Nevertheless, a whole bunch of reasons can interfere with your plans, from geographic distance to hospitalization, including a simple lack of time.

Unable to find a satisfactory date with the other party, it is better then to be represented by a third party rather than to see the signature pass under your nose.

As in other legal fields, the power of attorney is a solution if you cannot get around.

A trusted third party

This process allows a principal (the one who cannot be present) to give a trusted person, called an agent, the power to sign the act concerned in his place.

The only requirement is that both individuals are of legal age and in full possession of their legal capacity.

In the case of a real estate sale, it is for example not uncommon for one of the members of the couple buying or selling the property to receive a power of attorney from his co-contracting party to commit in their two names.

But it is also possible to choose an external person.

Rather than disturbing one of your relatives, you can ask the notarial office to represent you.

But beware, the legislator set limits in 2016, then in 2018, in order to avoid conflicts of interest.

Article 1161 of the Civil Code thus provides that, under penalty of nullity, “in matters of the representation of natural persons, a representative may not act on behalf of several parties to the contract in opposition of interests nor contract for his own account with the represented ”.

Since the notary must authenticate the sales agreement, he cannot therefore be, in addition, the agent of one of the signatories.

On the other hand, you have every right to appoint a clerk from his office to sign on your behalf.

Furthermore, if the buyer and seller each have their own notary (which is quite possible), the one who will not be responsible for finalizing the transaction can represent his client.

Limited powers

Once the question of the person of trust has been decided, it is still necessary to establish this power of attorney in due form.

Far from being drafted lightly, it must be extremely precise, since the person who will sign on your behalf will not have the right to commit beyond what is indicated in his mandate.

In particular, the act must state precisely and completely the powers given to the agent.

This involves specifying the commitment concerned - namely the sale of the property - as well as the act for which the representation is carried out (sales agreement in most cases, or even the final act of purchase). .

Most often, the law allows you to draw up this private document yourself.

That said, in view of the stakes, it is strongly recommended to ask a lawyer to take a look.

Finally, some transactions require that the power of attorney be drawn up by a notary in the form of an authentic instrument.

This is particularly the case for the sale of a building to be built or renovated or to sign a lease-purchase contract.

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  • Housing

  • House

  • Sale

  • Immovable

  • Contract

  • Notary

  • Rights