LEGAL TIP WHEN BUYING LANDED PROPERTY: INSIST ON A POWER OF ATTORNEY IF THE SALE IS BY THE SELLER’S REPRESENTATIVE
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LEGAL TIP WHEN BUYING LANDED PROPERTY: INSIST ON A POWER OF ATTORNEY IF THE SALE IS BY THE SELLER’S REPRESENTATIVE
A power of attorney is a written authority to act for another person. There are circumstances where the vendor is unavailable or unable to transact in person with the buyer. It could be as a result of distance barrier (maybe he is abroad) or age or health related issues.
Land can be sold by a vendor’s representative where the vendor executes a proper power of attorney. It is advisable that you demand for a power of attorney from the land owner in favour of the representative.
Even after such power of attorney is executed or produced, be sure to verify its authenticity by reaching out to the said vendor. As stated earlier, due diligence will enable you authenticate the genuineness of the vendor.
Proper findings will point you to the true vendor. It is only when you have verified the true identity of the vendor and that the power of attorney is not a forgery that you should consider proceeding with buying the land.
While confirming the genuineness of the vendor and the power of attorney tendered, scrutinize every detail in the power of attorney and ensure that it specifically grants the particular representative powers to transact in the land by way of sale.
Focus on the identity of the land. Pay close attention to details. Be sure that the power of attorney is duly signed by the vendor and signed and stamped by relevant authorities after the payment of official fees.
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