Selling your house through a power of attorney
Are you abroad looking for a way to sell your house in the Netherlands? Or are you unable to physically attend the signing of the purchase agreement and/or deed of transfer due to illness or another situation? With a power of attorney, you can authorize someone else to sign on your behalf, allowing you to sell your house remotely. Read on to learn everything about selling your home through a power of attorney.
Can you authorize someone else to sell your house?
Yes, in The Netherlands, you can authorize someone else to sell your house with a power of attorney. This is useful if you are abroad during the sales process or cannot be present for other reasons (such as illness). Depending on the step in the sales process, you can authorize a friend, the real estate agent, or the notary to perform (legal) acts on your behalf.
What is a power of attorney?
A power of attorney is a written declaration in which you give another person the authority to perform certain (legal) acts on your behalf. There are two types of powers of attorney in The Netherlands: the private power of attorney and the notarial power of attorney.
Private power of attorney
You can quickly draft a private power of attorney; you do not need to visit a notary. With a private power of attorney, you authorize another person, such as a friend or a real estate agent, to act on your behalf. This can include negotiating with a potential buyer, accepting an offer, and signing the purchase agreement.
The power of attorney should clearly state which act(s) it applies to. Adjust the power of attorney to your specific wishes, such as the desired offer amount or the exact instructions to the real estate agent.
Note: To sign the transfer deed remotely, you always need a notarial power of attorney.
Notarial power of attorney
A Dutch notarial power of attorney is recorded in a notarial deed. To draft such a power of attorney, you must visit a notary. You authorize the notary to sign the deed of transfer on your behalf. This allows you to sell your house without being physically present.
Most Dutch notary offices offer the possibility to draft a notarial power of attorney. The buyer of your house chooses the notary. If the notary is known, it is a good idea to immediately inquire if you can use such a power of attorney. It may take some time before a power of attorney is drafted. The notary will check your identity and whether you can grant a power of attorney. Drafting a notarial power of attorney costs money.
After granting the authorization, the notary remains in close contact with you as the seller. After the transfer, the buyer receives the keys to your house, and the notary checks if the house is free of encumbrances. If it is, you will receive the sale amount in your account a few days later.
Discover more about selling a house in The Netherlands:
When do you use which power of attorney during the sales process?
As mentioned above, the type of power of attorney you use can vary depending on the act. Here is an overview of the different acts and the kind of power of attorney required:
- Negotiating with a potential buyer: This can be done via a private power of attorney.
- Accepting an offer: This can be done via a private power of attorney.
- Signing the purchase agreement: This can be done via a private power of attorney.
- Signing the transfer deed: This must always be done via a notarial power of attorney.
When does a power of attorney end?
A power of attorney ends when the principal (the person granting the power):
- Revokes the power of attorney
- Passes
- Is placed under guardianship
- Goes bankrupt
- Enters debt restructuring
A power of attorney ends when the agent (the person granted the power):
- Resigns the power of attorney
- Passes unless otherwise specified
- Is placed under guardianship unless otherwise specified
- Goes bankrupt unless otherwise specified
- Enters debt restructuring unless otherwise specified
Additionally, a power of attorney can end when the objective specified in the power of attorney is achieved or when an end date included in the power of attorney passes.
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