Buying or Selling using a Power of Attorney
Buyers or sellers are required by Law to attend an appointment at the Deeds office to sign to transfer the ownership of the property – sometimes this is not possible so a Power of Attorney is set up to sign in their place.
It is quite common in Turkey to use a Power of Attorney for this process as more often than not it is not possible for both Buyers & Sellers to meet at the same time to attend the completion.
Also, If you can not or do not want to travel to Turkey then a Power of Attorney to Buy or sell can be set up at a local noters near to you in the UK.
The Power of Attorney is a document that gives another person authority to sign at the TAPU office on your behalf. The document we use is whats called a ‘simple’ Power of Attorney as it does not give any financial authority, so does not include bank payments or any financial powers. If there is a mortgage on the property then a different power of attorney needs allocating to include payment of the mortgage and closing the mortgage account.
The Person acting as your Power of Attorney attends the TAPU office on your behalf to sign, this is on your instruction after having received or sent the balance of the money for your chosen property.
Turkey – Power of Attorney
If in Turkey – we will take you to the local noters to complete a Power of Attorney Document, an independent translator will be provided to confirm to you what document you are completing and why.
A translation of your passport will also be done – Your Photo will be added to the document and it is ready for use, a ‘simple’ Power of Attorney costs approx 2500 YTL / £120.
UK – Power of Attorney
If in the UK -a document is drawn up here in English and sent to your chosen noters for you to sign, they witness and stamp the document then they send to the Government office for an Apostille (to officiate the document) this is then sent back to ourselves by registered cargo, translated into Turkish, Notorised and ready to use. We take you through every step to make this as easy as possible.
Cost wise – the UK noters do vary in cost they charge between £150-£250 for the Noter services, then it is £35 for the Apostille and Cargo back can be around £25. Once back here Translation into Turkish & noters stamp costs £150.
To find a local noter we use the Government site here – https://www.thenotariessociety.org.uk/
If you put in your postcode it will bring up the closest to you – I recommend getting a quote from a couple as they do vary in price.
Once you have a noter you intend to use, just let us know the details and we will get the document drawn up and sent to them with instructions on how to complete the document. You will then need to attend an appointment where you will sign the document – you will need your passport, proof of address and passport sized photo at the appointment.
Information on the Government Apostle service can be found here – https://www.gov.uk/get-document-legalised
Notes:
The Power of Attorney can be joint or single names, if single names for a joint TAPU then separate signatories will be allocated to avoid any conflict of interest.
We can offer to be Power of Attorney Signatory as part of our sales service, If you would prefer to use a Solicitor for this, the cost is approximately £650, or another 3rd party of your choice can be your signatory.
Please contact us for further information or help setting this up.
