Question: I am buying a property in Spain which is coming up to completion. Unfortunately I am quite busy at work and also have few holiday days left. Do I physically have to be present in Spain when the time comes?
Answer: The title deeds have to be signed before a Notary Public in Spain. This can be signed by you if you go over there. However, you don’t have to be present and can give what is called a “Power of Attorney” to somebody to sign the title deeds on your behalf. A Power of Attorney is a document which allows somebody to do something on your behalf – in this case sign the title deeds.
As a general rule I actually recommend that people grant a Power of Attorney to somebody to sign the title deeds instead of going out to sign themselves. This is for several reasons;
1. Sometimes the signing is delayed for some unexpected reason and if you go yourself to sign and this happens you have wasted a journey.
2. The cost of giving a Power of Attorney is roughly comparable to going out to the country yourself.
3. Most people, like you, are too busy to go out themselves and don’t want to use their precious holiday time signing pieces of paper
Having said all of that a Power of Attorney is an important document and you should only appoint somebody who is looking after your interests alone and is completely independent of the seller or their representatives.
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