Selling a house with power of attorney: how to arrange it when you cannot sign yourself

Selling a house with power of attorney: how to arrange it when you cannot sign yourself

Selling a house with power of attorney means that someone else signs the preliminary sale agreement (the compromis) and the deed of sale on your behalf. In Belgium this is a common solution if you live abroad, are ill for a long period or simply cannot be at the notary's office on the day of the deed. The sale itself does not change. What does change is that you need to set out in advance exactly what your representative may do and which form the notary will accept.

What is a power of attorney in a property sale?

A power of attorney is a mandate by which you (the principal) give another person (the attorney) the authority to act in your place. In a home sale it usually covers three acts: signing the private sale agreement (the compromis), signing the authentic deed at the notary's office and receiving the sale price with the corresponding receipt.

Legally, you remain the seller. The buyer buys from you, not from your attorney. Anything the attorney signs within the limits of the power of attorney binds you as if you had been there yourself. That is exactly why the content of the document matters so much: a notary can refuse a power of attorney that is too vague, and one that is too broad gives the attorney more room than you may want.

Two situations come up often. In the first, you simply cannot be there in person, for example because you work abroad. In the second, the owner can no longer make decisions, for example because of dementia. That second situation follows different rules, which we cover further on. If you first want to know how the process from compromis to deed works in general, read our article on the difference between the compromis and the deed.

Private or notarial power of attorney: what does the notary require?

For the compromis, a private power of attorney is often enough: a written, signed document drawn up without a notary. Even then it is wise to agree the wording with the estate agent or the notary, so that the buyer and their bank do not question the signature.

The rules for the authentic deed of sale are stricter. The notary must be able to establish the identity and authority of every signatory with certainty, because the deed is transcribed in the registers of the General Administration of Patrimonial Documentation. In practice, notaries therefore usually ask for a notarial (authentic) power of attorney, drawn up by a notary. Some notaries accept a private power of attorney with a legalised signature in certain cases, but that is not a fixed rule. So check in advance with the notary who will execute the deed, before you have anything drawn up.

You do not always have to go to a notary's office to sign a notarial power of attorney. Belgian notaries can also draw up an authentic power of attorney remotely, via a secure video connection in which you sign digitally, for example with your electronic identity card. Not every office offers this in the same way, so ask your notary which options are available. As for the cost of a power of attorney, it is best to ask for a quote in advance, because it depends on the office and the form.

What should a power of attorney for a home sale contain?

A usable power of attorney is specific. The notary who drafts the deed checks that the attorney is allowed to do exactly what the deed says. Make sure it contains at least these elements:

• The full identity of the principal and the attorney (name, date of birth, address, national register number).
• A clear description of the property: address and cadastral details.
• The price, or a minimum price below which the attorney may not sell.
• The authority to sign the compromis and the authentic deed.
• The authority to receive the price, give a receipt and have the outstanding mortgage repaid and its registration cancelled.
• The authority to sign the mandatory certificates and statements, such as those on the soil certificate or the planning status.

The more precise the power of attorney, the less room there is for discussion on the day of the deed. A minimum price also keeps you in control: your attorney can negotiate, but cannot go below the limit you have set yourself. A good estate agent will help you set that limit realistically. Start with a well-founded value, for example through a free valuation of your home.

Selling your house from abroad

If you live outside Belgium, there are broadly two routes. You can have the power of attorney drawn up by a notary in your country of residence, or you can go to the Belgian embassy or consulate, which carries out notarial tasks in some countries. In both cases, first ask the Belgian notary which form and which language they accept.

A foreign notarial document usually has to be legalised in Belgium, or carry an apostille if the country is a party to the Hague Apostille Convention. If the document is in another language, a sworn translation may be needed. Allow enough time for these steps: you will not arrange an apostille and a translation in a day, and the period between the compromis and the deed is usually four months at most.

The remote digital power of attorney offered by Belgian notaries is the simplest route for many sellers living abroad, provided you have the necessary electronic identification. An estate agent used to working with remote sellers can also organise the viewings, the negotiations and the follow-up of the certificates on your behalf. Through comparing estate agents you can find agencies in the area of your property that offer this.

When an ordinary power of attorney is not enough

A power of attorney only works as long as the principal is alive and able to make their own decisions. It ends on death. The property then becomes part of the estate, and the heirs have to sell together. On that subject, see also our article on selling a house when a co-owner refuses.

If a parent can no longer decide for themselves because of illness or old age, an ordinary power of attorney is usually no longer usable. Two alternatives then come into play. A lasting power of attorney for care and protection (zorgvolmacht), which the person had drawn up in advance and registered in the Central Register of such mandates, can allow the sale of real estate if it says so explicitly. If there is no such mandate, the justice of the peace appoints an administrator, who as a rule needs special authorisation from the justice of the peace to sell real estate. That process takes longer, so plan for it in good time.

Also watch out for the family home. If the property is the family home of a married couple, both spouses must agree to the sale, even if only one of them is the owner. One spouse can, however, give the other a power of attorney to sign on their behalf.

Practical tips and pitfalls

Choose an attorney you trust completely. In practice this is often a family member. You can also have someone from the notary's office act for you, which some offices offer for the signing itself. You can revoke a power of attorney as long as the sale has not been signed, but make sure the notary and the attorney are informed in writing.

Arrange the power of attorney early. If you wait until the compromis has been signed, you risk having to postpone the deed, which the buyer and their bank will not appreciate. Also keep an eye on the validity of your identity documents. If you want to know how the day of the deed itself goes, read our article on how long signing the deed at the notary takes.

Finally, let your estate agent know that a power of attorney is being used. An agency that does this regularly will coordinate the timing of the compromis, the certificates and the deed with the notary, so that you miss nothing as a remote seller.

Frequently asked questions

Can I sell my house without being present at the notary's office?

Yes. With a power of attorney, someone else can sign the deed on your behalf. For the authentic deed, the notary usually asks for a notarial power of attorney. Ask in advance which form they accept.

Can a notarial power of attorney be drawn up remotely?

Belgian notaries can draw up an authentic power of attorney via a secure video connection, in which you sign digitally with your electronic identity. Ask your notary whether they offer this.

Is a power of attorney still valid if my parent can no longer decide for themselves?

An ordinary power of attorney is then usually no longer usable. A registered lasting power of attorney (zorgvolmacht) that explicitly allows the sale of real estate can be used. Without one, an administrator with authorisation from the justice of the peace is needed.

What if I live abroad?

You can have a power of attorney drawn up by a notary in your country of residence or at a Belgian embassy or consulate. A foreign document usually needs an apostille or legalisation, and sometimes a sworn translation.

In conclusion

With a well-drafted power of attorney, you can sell your home without sitting at the table yourself. Agree the form with the notary in advance, set a minimum price and arrange everything well before the deed. Looking for an estate agent who supports remote sellers? Compare up to 3 estate agents in your area, free and without obligation.