A Turkish Power of attorney allows a trusted representative to complete legal formalities on the buyer’s behalf, making the purchase process more efficient and hassle-free. This guide will explain the different types of power of attorney, why it is needed, how to grant one safely, and the potential risks involved.
What is Power of Attorney?
Power of attorney is a legal document that grants another person (the attorney-in-fact or proxy) the authority to act on your behalf in specific legal matters. In the context of real estate transactions in Turkey, a power of attorney can enable a lawyer, consultant, or trusted representative to sign official documents, finalize a property purchase, or handle necessary legal steps without the buyer being physically present.
Why is Power of Attorney Necessary?
- For Remote Buyers: Many foreign investors or expatriates may not be able to travel to Turkey multiple times for administrative procedures.
- Streamlined Transactions: It speeds up the process by allowing a representative to handle title deed (Tapu) transfer, tax number registration, and utility setup.
- Language Barrier: Legal documents in Turkey are in Turkish, and having a local representative ensures accurate processing and compliance with Turkish law.
- Avoiding Delays: Property purchases in Turkey often involve strict deadlines, and missing key dates can lead to complications.
Types of Power of Attorney in Turkey
- General Power of Attorney: This grants broad legal rights to the attorney-in-fact and is rarely recommended due to security concerns.
- Special Power of Attorney (Limited Authority): This is the most common type used for property transactions. It grants the representative authority to perform only specific tasks, such as:
- Purchasing or selling property
- Signing title deed documents
- Registering utilities
- Managing tax payments related to the property
How to Grant Power of Attorney in Turkey
To issue a legally valid PoA in Turkey, follow these steps:
- Visit a Notary Public: Turkish power of attorney documents must be notarized. Foreign buyers must visit a Turkish notary or a Turkish Consulate abroad.
- Provide Identification: You will need your passport, a Turkish tax number (if applicable), and in some cases, a sworn translator.
- Specify Powers Clearly: Clearly define the scope of authority granted to avoid misuse.
- Include Fingerprints and Photos: Some types of PoA may require biometric identification.
- Get an Apostille (If Abroad): If granting PoA from another country, an apostille stamp under the Hague Convention may be necessary for international validity.
Risks and Safeguards
While granting PoA is common and necessary in many cases, it is crucial to take precautions:
- Grant Limited Power: Avoid general PoA and grant only specific, necessary powers.
- Trust the Representative: Choose a reputable lawyer or real estate consultant.
- Specify Expiry Date: Setting an expiration date can prevent long-term misuse.
- Monitor Transactions: Regularly check on the progress of transactions.
- Consult a Lawyer: Legal advice ensures the document is properly drafted and used only for its intended purpose.
Revoking a Power of Attorney
If you need to revoke a PoA, you can do so by visiting a Turkish notary or consulate and issuing a revocation document. Informing relevant institutions (such as the land registry office) is also necessary to ensure the PoA is no longer in effect. If you have issued a buying or selling POA, the original document will be kept by the land registry office. Nevertheless, if you have not set a time limit on the POA, you should have the document cancelled by any local Turkish notary.
