Hi, I have finally managed to sell my French House at a very reduced price! The final signing date will be hopefully in mid April. I will be signing plus all my children . We inherited after my husband died in France. Two of the children will be able to be with me at the signing but the other two hae problems. One is disabled and the other only available in mid March. My immoblier has said that the two who cannot be at the signing need a power of attorney. Could they not give a proxy to their siblings? I am concerned about price but wonder whether they can confirm their identity on line as they all did for the compromis and also when my husband died. Any advice would be most appreciated. Thanks
Speak to the notaire.
When you say concerned about price are you thinking that there is a cost attached to a POA for a sale? We gave the notaire a POA when we sold a property recently and there was no charge. Just the cost of postage as couldn’t get the electronic signature to work.
The Immoblier has suggested a notaire who is being used by both of us and he has said that the notaire will need the chidren to sign a procuration and their signatures will need to be witnessed by a solicitor or a notary in the UK. But the notaire won’t be able to produce the procuration until the acte has been drafted which will not be until a couple of weeks before the final date. My memory of the previous signings with a different notaire are that we couldn’t find a UK solicitor who was willing to do it - they felt they were being asked to witness that the signatory understood the document - whereas the notaires here take the view that they are just confirming the identity of the person who is signing. I am also
remebering when my husband bought some land - a proxy signed for him - is this possible for selling?
No I am concerned about the cost of getting a POA in the UK. I think I need to contact the notaire to explain the problem - and ask if the notaire will do a POA for the two that cant get out. Thanks
When I sold in 2022, my daughter in the US just signed a paper prepared by the Notaire electronically and it was fully accepted, she had to email a copy of her passport to confirm who she was and proof of her address over there, very quick and easy and cost nothing. Don’t be fobbed off by being asked to get paperwork done in the UK etc, it is not necessary in this day and age
I think you may need to push the notaire a bit, as it is perfectly legal to do a procuration without needing to use a UK solicitor. This is a “sous seing privé”. And can all do be done at a distance. The inheritance laws in France often create massive disent in families, particularly around sale of family houses, so I can imagine that the notaire is wanting to make sure nothing will come back to bite him in the future.
“Il revient à chaque notaire de déterminer, selon la situation, s’il souhaite obtenir une procuration authentique ou sous seing privé.
Par exemple, pour les successions, compte tenu des engagements qui découlent de l’acceptation de la succession pour les héritiers, le notaire peut estimer qu’une procuration authentique est plus à propos.
Mais il est habituel d’accepter un pouvoir sous seing privé pour les actes suivants :
- Vente d’un bien immobilier,”
Here is full link that quote was taken from that explains the difference
Thanks Jane, I think I will go with your suggestion.
Hi Shiba - Yhabks for the information - I recall when my husband bought a small piece of land our then notaire arranged to POA with somebody from her office. My husbnd signed his approval electronically.