WHEN BUYING LAND/BUILDING, 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 or scenarios where the seller is unavailable or unable to transact in person with the buyer. It could be as a result of distance barrier (maybe he is abroad), age or health related issues.
Land/building can be sold by a vendor’s representative where the vendor executes a proper power of attorney donating power to sell to some other person. Demand for a power of attorney from the land owner in favour of the representative.
Even after power of attorney is produced, verify its authenticity by contacting the vendor. 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 fake that you should consider proceeding with buying.
Scrutinize every detail in the power of attorney and ensure that it specifically grants the seller’s representative powers to transact in the land or building/house by way of sale. Focus on the identity of the land. Pay close attention to details. Be sure that it is duly signed by the vendor and signed and stamped by relevant authorities after the payment of official fees.
APEX CHAMBERS, Law Firm of Property/Real Estate Lawyers, Barristers, Solicitors & Attorneys, Port Harcourt, Nigeria.