Power of attorney is one of the most important issues during real estate buying and selling transactions. If you want another person to carry out these transactions on your behalf, you can give him a power of attorney, thus ensuring that the transactions are carried out more quickly. However, at this point, there are some points to be noted.
A power of attorney is someone who can perform a job on your behalf, but the responsibility here is entirely yours. For this reason, you should choose the person you are giving power of attorney to correctly and you should define and limit the work that he will do as a proxy. Therefore, if you are acting as a proxy for buying and selling real estate, this person should be a professional real estate agent or lawyer. You should also get to know this lawyer closely and pay attention to the fact that he has a certificate with the registration of the Baro Kaydı.
Even if you trust the person to whom you will give the power of attorney, you should specify the work that he will do on your behalf on the power of attorney. For example, if he only takes a power of attorney from you for real estate purchase and sale transactions, this authority should be written on the power of attorney. It is recommended that you do not give full power of attorney for such a transaction. Also, you must give the power of attorney only for a certain period of time.
Today, powers of attorney for the purchase and sale of real estate and other related transactions are issued by notaries. If you are going to give a power of attorney to someone from abroad, then you must go to the consulate and have the power of attorney prepared there.
Power of attorney can be given for subscriptions such as electricity, water, natural gas, telephone, etc., as well as deed transactions. For example, when you buy a house located outside the city, if you give power of attorney to someone in the relevant city, your attorney will perform such transactions on your behalf and you will be able to save both time and money.
If you do not know exactly how real estate buying and selling transactions work with a power of attorney and you are looking for a reliable business partner, you should definitely get consultancy service. In this way, you will not experience any grievances in matters such as when, how and for what purpose the power of attorney should be issued, what the scope of authority should be, and to whom it can be given.
Issuing a Power of Attorney at the Notary Public
You can issue a power of attorney at all notary publics in Turkey. It may take several hours to prepare the power of attorney at the notary public. If you have an urgent business and need to act quickly, you should also consider this period. Another issue is; If the person who will carry out the notary procedures does not speak Turkish, the power of attorney is given only after communication is made through sworn translators.
The person who will be the attorney does not have to be present at that moment when the power of attorney is given at the notary public. However, in some cases, the attorney's identity information and photo are needed. For this reason, after the details of the transaction to be carried out are learned and the necessary documents are prepared, the power of attorney procedures should be started.
Frequently Asked Questions About Power of Attorney
What is a power of attorney?
A person can perform transactions on behalf of another real or legal person, with a power of attorney prepared by notaries and having legal validity. These transactions include transactions such as title deed, purchase and sale of real estate. The legal permissions and limits of the person who is the proxy are stated on the power of attorney.
What documents are needed for the issuance of a power of attorney?
If both the parties receiving and giving the power of attorney are citizens of the Republic of Turkey, the identity information and photographs of the parties are sufficient for the issuance of the document. In this case, two passport-size photographs must be submitted to the notary along with the original ID and/or a photocopy of the ID. If one or both parties are foreign nationals, besides these documents, information such as the original passport and its offical translation and the foreigner's tax number(s) are also needed.
How to give a power of attorney in Turkey?
If you want to give a power of attorney in Turkey, you can do the procedures at any notary public. When you go to the notary with the necessary documents, the prepared power of attorney is signed by the notary public. The parties to the power of attorney read the prepared document and sign it.
How does the process of granting a power of attorney from abroad proceed?
If you live abroad and want to give a power of attorney for a transaction in Turkey, there are different ways to do so. However, the simplest and most preferred method is to do this through the Turkish consulates in your country. For this process, you should make an appointment with the consulate and send the power of attorney you received after completing the process to your representative in Turkey.
Another method is this: You can obtain a power of attorney from a notary public in the country you are in and apostille it to a competent authority (governorship, municipality, etc.). Then, you should have this document translated by notarized translators in Turkey. You should not forget that a power of attorney obtained in this way must have a photograph attached also.
Who can be given a power of attorney in Turkey?
There is no specific criterion for this. You can give power of attorney to anyone, provided that they are over the age of 18.
Can children under the age of 18 give a power of attorney?
Citizens under the age of 18 can only give a power of attorney with the signature of their parents.
Is a photo mandatory for power of attorney?
If transactions such as real estate or vehicle sales are in question and a power of attorney will be authorized to sell, then a photograph is required for power of attorney. However, there is no photo requirement for other power of attorney.
How many people can a person take a power of attorney from at the same time?
There is no limitation in this regard. A person can take a power of attorney from many different people at the same time.
What types of transactions can be made with a power of attorney?
Under normal circumstances, it is possible to carry out any legal action with a power of attorney. But there are some exceptions to this. For example, if some documents are to be delivered to or taken from the relevant courts during a court process, the person to whom you will give power of attorney must be a lawyer. Likewise, if you are going to appoint a proxy for the transactions you will carry out at the immigration office, this person must also be a lawyer.
Can bank transactions be carried out with a power of attorney?
You can also give a power of attorney to another person for bank transactions. A proxy can perform bank transactions on your behalf with a power of attorney. For example, he can withdraw money from a bank account held in your name.
What are the types of power of attorney?
Power of attorney can perform many different transactions. Among them, the most prominent types of transactions are:
o General power of attorney
o Title Deed Transactions
o Inheritance and Succession Transactions
o Buying and Selling of Real Estate
o Power of attorney regarding the duration of a divorce case
o Authorization procedures for the establishment of a mortgage
o Share transfer transactions in companies
What are the points to be considered in the power of attorney?
The accuracy of the information written on the power of attorney is very important. Therefore, the parties and the notary public should perform the following checks:
o The identity information of both the person or institutions giving the power of attorney and the power of attorney is written correctly
o The correct identification of the third parties (for example, a sales transaction) in the power of attorney
o Information on why the power of attorney is issued and for how long it is valid
If the power of attorney is to be given for a transaction to be carried out abroad, the information of the party abroad must also be written correctly. In this context, the accuracy of name, surname, address, telephone information etc. must all be checked. After all checks are done, signatures should be made.
