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Can a Special Power of Attorney Sell a Property?

16/6/2021

Unlike the general power of attorney that authorizes lawyers in Dubai to act on behalf of the principal to process different transactions such as buying, selling, or managing real estate properties, a special power of attorney only grants the lawyers specific power to act on a certain situation.

Can a special power of attorney sell a property?

Whether you’re working full time or managing your own business, it can be difficult to find time to sell and manage your properties. If you’re having a hard time managing your properties, there are plenty of Dubai law firms that specialize in handling the paperwork for real estate properties.

What is a special power of attorney?

Unlike the general power of attorney, a document that authorizes lawyers in Dubai to act on behalf of the principal to process different transactions such as buying, selling, or managing real estate properties, a special power of attorney only grants the lawyers specific power to act on a certain situation. SPOA is often used for limited transactions or and other dealings that must be completed urgently.

Can you use SPOA to sell a property?

Usually, a property attorney will utilize an SPOA for administering properties, trademarks, granted lands, and tenancy disputes. However, an SPOA can be used to sell the principal’s or  grantor’s property, as long as it meets the specific requirements set by the law.

What are the requirements or grounds for allowing the use of SPOA when selling properties?

For a POA to be valid, it must meet the following specifications:

  • The document must be prepared in Arabic or English, or both. If the document's contents are written in English or another language, a legal translation in Arabic must be provided and legalized at the Notary Public in the UAE. If there are any inconsistencies in the translation of the document, the Arabic translation will be followed.
  • The Notary Public must notarize the document in the UAE.
  • When the SPOA is entered in or from another country, it must be authenticated by the UAE Embassy and attested in the ministry.
  • The specific purpose of the SPOA must be stated clearly in the document, including the details about the property you are selling.

When selling properties, especially using special power of attorney, it is important to note that real estate agents can’t fulfil these transactions, instead, it’s better to get help from a real estate lawyer in Dubai to avoid any legal issues in selling your properties.

If you need a special power of attorney in selling your properties, Motei & Associates can help. For more details, you may also visit their website at https://motei.com/

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