What modalities can I not include in a notarised power of attorney?


It is often asked to include the clauses below in a notarised power of attorney.

  • A clause ensuring that the power of attorney is used only with your written consent. This clause is not useful. If a notarised power of attorney states that it can only be used with prior written consent, a notarised consent will have to be re-notarised with a notary prior to each action. This undermines the usefulness of a notarised power of attorney and also creates unnecessary costs. Nor is such a clause necessary: a power of attorney can only be used with your consent. Just because you grant a power of attorney does not mean that the proxy holder also has permission to exercise all the powers mentioned in the power of attorney just like that. Of course, we only use these powers after your prior written confirmation.
  • In case you are buying new construction: the specification of the property to be purchased. When buying a property on plan, it is not possible to include the specific details of the property. After all, there is only a commercial designation of the property. This commercial designation has no legal value in the notarial deed of sale. After the property is delivered, a legal description and a finca number will be assigned to the property. Based on this legal description and finca number, the property will be included in the deed of sale. At the time of executing the notarised power of attorney, these details are not yet known.

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English (UK)