Written by: Dalia Mazin
Head of Contracts & Compliance
[email protected]
www.famconveyancing.com
Granting Power of Attorney in real estate has become a very common practice in real estate daily transactions at the Dubai Land Department and its Trustee Offices, especially with the great interest of investment in properties in Dubai by expatriates or clients whom are overseas and have limited time to attend their transaction in Dubai. The practice of POA has eased the process for the clients who are seeking to finalize their real estate transactions.
In this article we will discuss the requirements by the Dubai Land Department that governs the practice of POA in the real estate transactions in Dubai.
What is POA?
The term power of attorney (POA) refers to a legal authorization that gives a designated person the power to act for someone else. As such, a POA gives the agent or attorney-in-fact the authority to act on behalf of the principal/client.
Types of Power of Attorney Used for Purchase of Property:
- General power of attorney: This kind of POA in UAE authorizes the individual to act on the behalf of the principal to deal with real estate purchases. This kind of POA gives broad powers to an attorney and also enables her to do all the duties which are not limited until the date mentioned in the POA.
- Special power of attorney: This POA only gives specific powers to the attorney and only can act for special situations. This is mostly used for the transaction which is limited and can be completed quickly.
Requirements for the Validity of POA Transactions:
- For a POA to be valid it has to be prepared in Arabic or English with a legal translation into Arabic and to be notarized by Notary Public in the UAE.
- When a POA is entered in some other country then it should be authenticated in the UAE embassy and then it should be attested in the Ministry of Foreign Affairs.
Validity of the POA in Selling and Buying properties by Dubai Land Department:
- Validity of the POA that is issued by Dubai Notary Public is unlimited duration whether for Buying or Selling of properties, unless cancelled by the principle/the client.
- You can check the validity of all POA issued by Dubai Notary Public/Dubai Courts through Dubai Courts website: https://www.dc.gov.ae/PublicServices/NotaryDocuments.aspx?lang=ar
- Validity of the POA that is issued outside Dubai jurisdiction for Selling is two years duration.
- Validity of the POA that is issued outside Dubai jurisdiction for Buying is five years duration.
Can the Broker be the POA holder for their clients?
The client whether they are Property Owners/Sellers or Buyers can definitely give POA to their brokers to manage their properties including the act of Buying and Selling. However, as per Dubai Land Department rules and regulations; the same Broker cannot act as a broker/agent in the same deal. Therefore, the Agent cannot act as POA holder for the client and also act as Broker receiving commission in the deal on behalf of the same client. These rules and measures have been imposed by Dubai Land Department in order to protect the rights of the investors and avoid the conflict of interest.
Therefore, the Sales Progression Officer or Conveyancer who is handling the deal can act as POA holder on behalf of the Seller or Buyer to complete the transaction in Dubai Land Department and without any conflict of interest.
Remote POA:
If you are abroad or otherwise not able to be present to sign needed documents for real estate transactions at the Dubai Land Department to complete your real estate transaction then we can help you to obtain remote POA attested from Dubai Notary Public wherever you stay.
Indeed, our expertise will be guiding you through the entire process from assessing your deal and ensuring that you have all your documentation in place and all the way up to gaining approvals from the authorities in the Dubai Notary Public Offices to complete the issuance of the Notarized POA.
For more information, please contact us to learn more about POA. Call us at +97143691704 or drop an email at [email protected] or [email protected] to get your queries answered in no time. Additionally, you can visit our website www.famconveyancing.com to check our services.