When the owner of a property cannot attend the signing of the deed of sale, the solution is to grant a notarial power of attorney to sell the property. This document authorizes another person (attorney-in-fact) to sign the deed on their behalf with full legal validity. We explain how it works and how to process it quickly online.
What is a notarial power of attorney for selling a property?
It is a public notarial deed in which the owner (grantor) authorizes a trusted person (attorney-in-fact) to sell a specific property on their behalf, setting the minimum price, the sale conditions, and the exact details of the estate. The attorney-in-fact can sign the deed of sale before any notary in Spain.
When is a power of attorney needed to sell a property?
- The owner resides abroad and cannot or does not want to travel for the signing
- They have reduced mobility or health problems that prevent them from attending the notary
- Due to work or personal reasons, they cannot be present on the signing day
- There are multiple co-owners and some cannot appear
What must a power of attorney for selling a property include?
For the power of attorney to be sufficient for the sale, it must include:
- Property details: cadastral reference, exact address, and registry description
- Price or minimum price: the minimum amount for which the attorney-in-fact can sell
- Collection powers: authorization to receive the price and issue a receipt
- Complementary powers: cancel the mortgage if any, make tax declarations, deliver possession, etc.
- Attorney-in-fact details: full name, ID/NIE, and address
How to process the power of attorney for selling a property online?
- Contact us: Send us the property details (simple note or cadastral reference) and the attorney-in-fact details.
- Review the draft: Our team drafts the power of attorney with all necessary powers and sends it to you for review.
- Video call with the notary: In 24-48 hours, we schedule an appointment via videoconference. The notary verifies your identity and authorizes the power of attorney.
- Receive the original power of attorney: It is sent to your address via express courier.
How much does a notarial power of attorney for selling a property cost?
Notarial fees for a special power of attorney for sale are regulated by tariff and range between 60 and 120 euros depending on the property value and the number of grantors. If you need an apostille because the power of attorney will be used abroad, add approximately 80-120 euros extra.
Can the attorney-in-fact sell for any price?
No, if the power of attorney sets a minimum price. It is highly recommended to set it in the deed to protect the owner's interests. Without a minimum price, the attorney-in-fact could technically sell for any amount, although always with civil liability to the grantor.
Can I revoke the power of attorney at any time?
Yes. The grantor can revoke the power of attorney at any time before the sale is formalized. The revocation must be made before a notary and it is advisable to notify it reliably to the attorney-in-fact and potential buyers.