Sample preparation of a power of attorney for registering a garage as a property in 2021

A garage is a different type of real estate. Its acquisition, according to the law, is formalized as a civil contract. This legal document allows us to state the fact of transfer of ownership from the old owner to the new one.

After the purchase has been made, based on the contract, the new owner can register the garage as his own property. However, not everyone has the opportunity to be present during this long process. In this case, you can issue a power of attorney to another person.

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When drawing up such a paper, it is necessary to take into account many aspects that are specified in the legislation. Otherwise, the power of attorney may simply not be accepted, and registration of the garage as a property will be refused. So, for example, the paper must be notarized.

Sample power of attorney for using a garage

When drawing up such a power of attorney, the principal must understand the consequences of his actions. By issuing a general power of attorney for an apartment. you grant a third party the right to dispose of your real estate at its own discretion on completely legal grounds.

Is it legal for the GSK security to have the power of attorney for the right to use the garage certified by a notary?

Hello, Anastasia! Quote: Article 446 of the Code of Civil Procedure of the Russian Federation Property that cannot be levied under executive documents 1. Execution under executive documents cannot be applied to the following property owned by a debtor citizen by right of ownership: residential premises (parts thereof), if for the citizen - the debtor and members of his family living together in the premises owned, it is the only premises suitable for permanent residence, with the exception of the property specified in this paragraph, if it is the subject of a mortgage and can be foreclosed on in accordance with the legislation on mortgages, land areas on which the objects specified in paragraph two of this part are located, with the exception of the property specified in this paragraph, if it is the subject of a mortgage and foreclosure may be applied to it in accordance with the legislation on mortgages, items of ordinary home furnishings and household items, personal belongings use (clothes, shoes and others), with the exception of jewelry and other luxury items, property necessary for the professional activities of a debtor citizen, with the exception of items whose value exceeds one hundred minimum wages established by federal law, used for purposes not related to carrying out entrepreneurial activities, breeding, dairy and draft cattle, deer, rabbits, poultry, bees, feed necessary for their maintenance before pasture (going to the apiary), as well as outbuildings and structures necessary for their maintenance, seeds necessary for the next sowing, food and money for a total amount not less than the established subsistence level of the debtor citizen himself and his dependents, fuel necessary for the debtor citizen’s family to prepare their daily food and heat their living quarters during the heating season , means of transport and other property necessary for the debtor citizen in connection with his disability, prizes, state awards, honorary and memorable signs awarded to the debtor citizen. 2. The list of property of organizations that cannot be seized under executive documents is determined by federal law. ..

Article 34. Joint ownership of spouses. Consent of the spouse for the sale of the garage. After the sale is completed, you must contact the Office of the Federal Registration Service.

Advantages and disadvantages

Buying and selling with the participation of a trusted person can create many risks.

The negative aspects of the process include:

• A power of attorney is often issued through various offices. Therefore, the cost of such an operation in 2021 may be about 2 thousand rubles.
• There is a possibility of encountering fraud. In practice, there are cases when unscrupulous trustees draw up contracts not for buyers, but for their accomplices. To avoid this, you should be careful when drafting a power of attorney
  . Especially to points relating to rights and responsibilities.
• The disadvantage for the seller is the fact that when selling by proxy, the value of a garage or a plot of individual housing construction may fall. But if there is no time, then this option remains the only correct one.

However, this method allows those who have temporary or permanent incapacity or are located in another locality to acquire property. In addition, the benefits include significant time savings.

Sample preparation of a power of attorney for registration of a garage as property

Since the transaction is two-sided, two parties are required to submit documents at once. Deadlines and fees In order to formalize the transaction and receive a power of attorney, you only need to pay for the services of a notary.

How to issue a power of attorney to register ownership of a garage

How to draw up a contract for the purchase and sale of a garage by proxy When drawing up a contract for the purchase and sale of a garage on your own, without resorting to the help of a lawyer, you should remember that this document consists of two parts - an introductory one, which indicates information about the persons participating in the transaction, information about the object, and the main one part that lists the conditions, the cost of the object, the timing of the transfer of ownership of it from the seller to the buyer. An important condition is the correct execution of the document, since this agreement not only records the fact of a transaction between persons, but is also the basis that guarantees the correct execution of this transaction.

in any institutions, organizations and enterprises, regardless of their organizational form and subordination, both state and non-state, as well as before individuals on issues that will relate to the following:

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Garage acceptance certificate

The document is generated in free form, since there is no unified form. If the seller is a legal entity, then you can print the document on letterhead with the company logo and details. It is not prohibited to fill out the act by hand; you can enter all the data on the computer, and then print it out and put only signatures.

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This part begins with information about the parties to the transaction (seller and buyer, lessor and lessee). Indicate the name of the company if a legal entity is involved in the transaction, or full name if an individual (citizen or individual entrepreneur). The general director can act on behalf of the organization; it is he who will sign the agreement and act, so his full name must also be indicated. Then they enter data on the lease or purchase and sale agreement, the annex to which is the act: this is the number and date of signing.

Sample preparation of a power of attorney for registration of a garage as property

In most cases, the parties attach graphic plans or drawings to the exchange agreement, which indicate where the site is located. Please note that easements may be established on the transferred plot

.

What does the package of title documents for a garage consist of?

In addition, the text must indicate all the details of the documentation that confirms the seller’s right to own and use the garage, as well as the basic information of the document on the basis of which the owner received ownership of this type of property. A document confirming such information can be a deed of gift for land and real estate, or a purchase and sale agreement that the current owner concluded with the previous owner of this property.

However, this method allows those who have temporary or permanent incapacity or are located in another locality to acquire property. In addition, the benefits include significant time savings.

1. Appeal to the chairman of the garage cooperative for certificates of membership in the GSK, as well as the absence of arrears in contributions. Moreover, the papers can be on different sheets or represent one document.
2. Payment of state duty, the amount of which is 2 thousand rubles.
3. Applying to Rosreestr to register property rights. This step can also be completed through MFC branches.
4. Receive confirmation of the fact of registration of the rights of the new owner in the form of an extract from the Unified State Register.

Step by step procedure

• The form must contain information about the garage. Its area, condition and location.
• It must describe the will of all persons involved in the transaction. Including their responsibilities and rights.
• The subject of the transaction should be the legal relations of citizens arising during the transfer of real estate from the seller to the ownership of the buyer.
• It is necessary to indicate the transfer period. Otherwise, the contract will simply be declared invalid.
• The procedure for transferring the amount of money is specified in a separate paragraph. The seller can receive funds in person or through a proxy. There is also the possibility of specifying non-cash transfer of money.
• Another clause of the agreement should distribute between the parties to the transaction the costs that will be incurred during the re-registration of real estate in the state. organizations.
• It is also important to indicate the responsibility of each party in the event that they do not comply with the requirements established in the document.

1. The introductory part must contain the name of the locality where the paper is being prepared. The date of signing is also indicated in capital letters. If the number is indicated in numbers, the document will be considered invalid.
2. All details of the person transferring their rights are entered. They include information specified in the passport, as well as residential and registration addresses. After this, in a similar style, the data of the citizen for whom the document was issued is indicated.
3. The next step is to enter a list of powers that are transferred to the authorized person. It is necessary to clarify as specifically as possible what actions he can perform and what he is strictly prohibited from doing.

Garage cost parameter

Information about the cost of both the garage and the land, which is inseparable from it, must be indicated in the contract as a separate clause. It details separately the price of the real estate object and the price of the land plot.

.
If available, it is advisable to provide calculations according to which the seller determined that the amount should be as follows
. However, as a rule, garage owners are guided by the market value of a similar property.

First, the amount must be written down in numbers, and the decoding in letters is indicated in brackets. The cost must be written in parentheses in full, including kopecks, if any.

If the garage simultaneously belongs to several persons, then it is necessary that the second party renounces the right of ownership of this object in writing. Moreover, this paper must also be certified by a notary.

Any additional conditions that both parties to the contract decided to introduce by mutual agreement must also be stated in a separate paragraph in the text of the document. You can indicate the reason why such information was entered.

The mandatory details of the contract are the following:

• the city in which the transaction takes place;
• surnames, first names and patronymics of the parties and their residence addresses;
• passport details of each party;
• signatures on the document of each counterparty;
• date of the agreement.

If, in the process of concluding a contract, some controversial situation arises that the representative is not authorized to resolve on his own, then the person whose interests he represents should be invited. However, this happens as a last resort, and often one phone call is enough for the trusted person to inquire what he needs to do in the current situation

. This approach is the most rational and time-saving.

A garage is a different type of real estate. Its acquisition, according to the law, is formalized as a civil contract

. This legal document allows us to state the fact of transfer of ownership from the old owner to the new one.

After the purchase has been made, based on the contract, the new owner can register the garage as his own property. However, not everyone has the opportunity to be present during this long process.

. In this case, you can issue a power of attorney to another person.

When drawing up such a paper, it is necessary to take into account many aspects that are specified in the legislation. Otherwise, the power of attorney may simply not be accepted, and registration of the garage as a property will be denied

. So, for example, the paper must be notarized.

Sample preparation of a power of attorney for registration of a garage as property

To compile it, you will need to collect a package of documents, most of which have a limited validity period. One copy of the documents remains in the custody of the notary, and the other two are issued to the participants in the existing legal relationship

.
The second method is in writing; the seller is directly involved in drawing up such an agreement.

Sale of a garage by proxy contract sample

The seller can receive funds in person or through a proxy. There is also the possibility of specifying non-cash transfer of money.

• Another clause of the agreement should distribute between the parties to the transaction the costs that will be incurred during the re-registration of real estate in the state.

The seller cannot appear at the registry office read answers (1) Topic: Buying a garage in GSK Buying a garage with a power of attorney and having a certificate of ownership of the garage What are the irreversible risks when buying this garage. read answers (1) Topic: Registration of purchasing a garage Can you send a sample power of attorney for the sale of a garage.read answers (1) Subject: Sample power of attorney Power of attorney for property management (renting out a garage) in simple written form (without notarizationread answers (2) Subject: Power of attorney for property management My ex-husband sent me 2 powers of attorney for the execution of donation agreements (a garage in the city and a plot of land in the village) for our common daughterread answers (2) Topic: Power of attorney for the execution of a gift agreement I am interested in the cost of a power of attorney for the sale of a garage (a garage in a cooperative and the sale is formalized by a meeting of the cooperative).

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Registration is carried out within 10 days. The registration chamber may request your passport and payment information itself, but it is better to submit them to save time. The problem is that many actual owners have no documents, or they are prepared incorrectly.

Agreement for the sale and purchase of a garage by power of attorney between individuals

The necessary documents can be obtained directly from the chairman of the GSK. They must be signed by two persons: the chairman of the GSK and the chief accountant of the GSK. These include a certificate of membership in the GSK and a certificate of the share you paid.

All subsequent applicants for this GSK will only need to submit personal documents and a certificate from the cooperative. If the registration is inconsistent, each applicant carries a copy of the land documents and passport.

Step by step procedure

The entire procedure for registering a garage as a property, if you know all the nuances, is carried out in a few simple steps:

1. Appeal to the chairman of the garage cooperative for certificates of membership in the GSK, as well as the absence of arrears in contributions. Moreover, the papers can be on different sheets or represent one document.
2. Payment of state duty, the amount of which is 2 thousand rubles.
3. Applying to Rosreestr to register property rights. This step can also be completed through MFC branches.
4. Receive confirmation of the fact of registration of the rights of the new owner in the form of an extract from the Unified State Register.

When fulfilling the third point, you must provide several documents:

• statement;
• passport;
• certificates from GSK;

A power of attorney may also be required if a representative and not the owner of the garage wishes to complete the registration.

Sample GSK Membership Book

Sample preparation of a power of attorney for registering a garage as a property in 2021

Receipt format

Also, if the premises were purchased during marriage, the seller must additionally prepare the spouse’s consent to complete the transaction in advance. Additionally, a marriage certificate may be required

. The search and collection of documents can be carried out by an authorized person, if the document establishes the right to do so.

A power of attorney is one of the ways to transfer authority to perform representative actions. According to the Civil Code, a power of attorney is a written authority that one person issues to another person for representation before third parties.

Other examples of preparation

In addition to the power of attorney, in order for the transaction to take place as quickly as possible, it is necessary to prepare other documents. Also, in some cases, additional papers are required. In the absence of such, the purchase and sale transaction will be considered illegal.

Reservations in paper regarding land

An important nuance is that a transaction that was completed by a trustee after the death of the owner of the land plot is considered invalid.

For the execution of a notarized power of attorney, a state fee must be paid in the amount established by law.

Receipt format

The receipt provided at the time of a garage sale is in writing and constitutes a regular contract of sale. However, it does not require certification by a notary and begins to be valid from the moment when the signatures of the parties to the transaction were affixed to it.

However, this document cannot certify ownership. Therefore, before compiling it, the seller must contact government authorities. There he must draw up an application and also submit documents that confirm the existence of ownership rights. Only after this can an application for transfer of ownership rights be drawn up.

Certificate of state registration of the right to a garage

Conditions for purchase and sale

In order for the transaction to be successful, it is necessary to create the right conditions in advance.

Basically, they consist of collecting the necessary documents:

• Title papers for the garage. They are necessary for drawing up a contract.
• Cadastral passport of real estate, describing its parameters.
• Confirmation of the absence of encumbrances on the garage.

Also, if the premises were purchased during marriage, the seller must additionally prepare the spouse’s consent to complete the transaction in advance. Additionally, a marriage certificate may be required. The search and collection of documents can be carried out by an authorized person, if the document establishes the right to do so.

Article 34. Joint property of spouses

After the sale is completed, you must contact the Office of the Federal Registration Service.

At the same time, authorized persons must have in their hands:

• application for state registration;
• document confirming payment of the duty;
• deed of transfer.

Sample of garage acceptance certificate

Power of attorney for use of garage

We will tell you what this document is in this article. In accordance with civil legislation (Article 185.1 of the Civil Code of the Russian Federation), powers of attorney requiring actions that require a notarial form or entail the introduction of changes or information into state registers require notarization.

Power of attorney for use of garage

Power of attorney for the disposal of all movable and immovable property (general) in more detail → Power of attorney for representation in court in more detail → Power of attorney for registration of legal entities and individual entrepreneurs in more detail → Power of attorney for termination of registration of individual entrepreneurs in more detail → Power of attorney for disposal of a car in more detail → Power of attorney for receiving a pension in more detail → Power of attorney for deregistration of a place of residence in more detail → Power of attorney for managing a bank account in more detail → Power of attorney for using a safe deposit box in more detail → Power of attorney for representation of interests on the territory of the Russian Federation with simultaneous translation into Russian in more detail → Power of attorney for the purchase of a car in more detail → Power of attorney

In the text of the contract, in addition to the basic data, it is necessary to write detailed information about the location of the real estate, as well as the name of the garage cooperative to which this object directly belongs. It is also important to indicate not only the parameters of the garage, but also the materials that went into its construction, the area of ​​both real estate and the land on which it is located. After the basic information, any additional information is indicated that contains the individual characteristics of this garage.

General power of attorney for real estate with the right to sell (apartment, house, garage, land)

A generally accepted and reliable method is to complete a transaction for the sale of real estate without the involvement of intermediaries.

However, there are exceptions when, due to certain circumstances, the owner, for example, wants to sell a plot of land or a garage, but cannot participate in this process.

Then you have to resort to drawing up a special document, namely, a power of attorney. But in order to correctly formalize it and not be deceived, it is necessary to understand all the intricacies of trust legal relations.

Law governing the execution of a power of attorney

In Russian legislation, the institution of trust relationships is enshrined only in the Civil Code of the Russian Federation. It contains a number of rules that regulate:

• The concept of a power of attorney – Article 185;
• Cases when mandatory notarization of this document is required - Article 185.1;
• How is its validity period determined - Article 186;
• Conditions, procedure and period for transfer of trust, as well as who can be its initiator - Article 187;
• Grounds for termination of a power of attorney – Article 188;
• Cases when such a document is drawn up without the right of revocation - Article 188.1;
• Consequences of termination of its legal force.

Powers of a Trustee

The law clearly establishes that the person to whom the authority to sell real estate has been delegated must independently fulfill the duties assigned to him, without going beyond what is permitted.

But if necessary, a person can resort to such a measure as sub-confidence, with mandatory notification of this to the principal, and indicating detailed information about the third party. This is possible if:

• This right is indicated directly in the power of attorney;
• This decision was made solely in the interests of the principal, or rather for their protection.

Sample preparation of a power of attorney for registration of a garage as property

However, in this case, the risk of abuse increases significantly, of which the owner should be aware. This explains the great popularity of the special type

. When drafting them, the powers of the authorized person are limited, they are strictly defined, including by a time frame, which reduces the possibility of using the powers to the detriment of the main owner.

Garage cost parameter

• The form must contain information about the garage. Its area, condition and location.
• It must describe the will of all persons involved in the transaction. Including their responsibilities and rights.
• The subject of the transaction should be the legal relations of citizens arising during the transfer of real estate from the seller to the ownership of the buyer.
• It is necessary to indicate the transfer period. Otherwise, the contract will simply be declared invalid.
• The procedure for transferring the amount of money is specified in a separate paragraph. The seller can receive funds in person or through a proxy. There is also the possibility of specifying non-cash transfer of money.
• Another clause of the agreement should distribute between the parties to the transaction the costs that will be incurred during the re-registration of real estate in the state. organizations.
• It is also important to indicate the responsibility of each party in the event that they do not comply with the requirements established in the document.

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This procedure is not required only if the citizen has a cadastral plan in his hands (this document was drawn up before March 1, 2008). It should be noted that the owner of a land plot registered under the “dacha amnesty” does not need to carry out land surveying to obtain a cadastral passport.

Garage on your own site

There is only one fundamental difference between a personal garage (Fig. 1) and a house: it is a non-residential building. A building permit is not required for its construction unless it is intended for commercial purposes

. There are no difficulties if:

1. own land plot or have a lease agreement with the right to develop;
2. agricultural land, intended purpose - summer cottages, gardening;
3. The plot is allocated for individual housing construction, land of settlements.

Picture 1.

To obtain the right you need:

1. Check upon request (Rossreestr) whether the garage is registered (if you bought a plot and don’t know this for sure);
2. If the answer is negative, prepare a technical plan (BTI, or from a cadastral engineer) based on the available technical documents or declaration (letter of the Ministry of Economic Development D23i-1644, 05/14/2014);
3. Register the property with the cadastral register (10 days), obtain a passport (5 days).

Next, apply for registration of rights. As part of the dacha amnesty, you can simultaneously register all objects: a plot of land (without a boundary plan), a house and a garage (according to the declaration).

A BTI technical passport issued before 2008 (before the Cadastre Law came into force) is equivalent to a cadastral one. All such objects should have been automatically registered with the State Tax Committee.

Private owners sometimes underestimate the importance of official registration, out of laziness or unwillingness to pay property tax (by the way, it is not collected from dacha properties). Winning a boundary dispute by a neighbor can lead to him ending up behind your fence, and stepping on the “red line” can lead to demolition at his own expense.

Sample power of attorney for using a garage

The person who issued the Power of Attorney is obliged to notify about its cancellation the person to whom it was issued, as well as third parties known to him, for whose representation the Power of Attorney was given. Therefore, before signing the Sale and Purchase Agreement, do not be lazy to contact the notary who issued the Power of Attorney and ask whether the principal has revoked the power of attorney. Before October 1, 1997, Powers of Attorney were printed on plain paper, and after this date - on special forms that have several degrees of protection.

Valid for a power of attorney written by hand to the right to use the garage

In this case, the above method of registering ownership of the garage can be implemented only if the Developer has no difficulties with the investors of the property and the city administration. If such difficulties exist, property rights may not be registered for several years. This problem can only be resolved by going to court, recognizing ownership of the garage and registering ownership rights based on a court decision. People who are not satisfied with such options need to buy an already privatized garage.

An agreement between two persons, which involves the sale of a real estate property, must be officially documented. As a rule, such relations are formalized in the form of a purchase and sale agreement, always in writing. The text of this document specifies all the rights and obligations of the parties to such a transaction. In the event that one of the parties, for some reason, cannot be present at the transaction, it appoints a representative who takes responsibility for fulfilling the obligations of this party.

Standards by law

The execution of a power of attorney between individuals is regulated by Article No. 185 of the Civil Code of the Russian Federation. According to its general provisions, this document can recognize written powers that are issued by one person to another for the purpose of representation before a third.

If it is necessary to draw up a power of attorney on behalf of an incapacitated person, then the document is drawn up by his legal representatives. The same applies to minor citizens. The document is provided to a third party during the transaction or the beginning of the process.

Article 185. General provisions on power of attorney

Sample contract for the sale and purchase of a garage:

How to issue a power of attorney to sell a garage

Any additional conditions that both parties to the contract decided to introduce by mutual agreement must also be stated in a separate paragraph in the text of the document. You can indicate the reason why such information was entered.

Features of the transfer of rights to sell a garage

• a document confirming that this person is the owner of the garage, and that the right to dispose also belongs to him;
• a document that confirms the ownership and disposal of the land plot, as well as information that all data has been entered into the Rosreestr.

... Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your particular problem, please use the online consultant form on the right or call.

It is not possible to transfer the ownership of a garage to another person if the seller does not have a certificate of ownership of it. If the transaction is carried out, then the buyer may have problems in the future. The previous owner of the garage can challenge the transaction at any time, declaring it invalid.

Sample power of attorney for sale of garage

The advantage of such an agreement is the opportunity to independently declare a cross change of owners of certain goods, the value of which is declared by the participants in the transaction themselves. Important: in the exchange agreement, as an alternative to the owner, there is no opportunity to offer the garage to the one who will carry out the work on building the house as payment. In such a situation, we are talking about the provision of a service and the contract automatically becomes mixed, which is determined by the third paragraph of Article 421 of the Civil Code of the country. Only material objects can be involved in the transaction.

07 Oct 2021 uristlaw 235

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Features of the transfer of rights to sell a garage

If the garage that one individual wants to sell to another is located on the territory of a land plot and cannot be separated from it, then the buyer must acquire the right of ownership for this plot. Otherwise, the deal will not be able to take place. This point must be specified in the text of the purchase and sale agreement, since the cost of land is taken into account separately from the real estate that is the subject of sale.

That is, the contract specifies two objects at once, which are sold by one party to the other. Before the buyer pays the other party the required amount, he must check whether the land is actually owned by the seller. To do this, before making a transaction, you need to check all the documents that relate to this issue.

.
The buyer can also ask for copies certified by a notary, if suddenly there are no originals
. Thus, a person purchasing two objects at once has the right to demand the following documentation from the person who sells this property:

• a document confirming that this person is the owner of the garage, and that the right to dispose also belongs to him;
• a document that confirms the ownership and disposal of the land plot, as well as information that all data has been entered into the Rosreestr.

The person selling the garage building must also, at the buyer’s request, present him with a document that will serve as the basis for transferring ownership and disposal of this real estate to another person.

The text of the contract must contain the following clauses:

• rights and obligations of both parties;
• conditions for the transfer of property from one individual to another;
• procedure for action in case of force majeure;
• directly the subject of the contract.

Power of attorney

According to paragraph 1 of Article 185, “a power of attorney is a written authority issued by one person to another person for representation before third parties. A written authorization to carry out a transaction by a representative may be presented by the represented directly to the relevant third party.”

With the help of a power of attorney, the law allows you to:

• buying and selling a garage;
• garage rental;
• donation of a garage.

The power of attorney can be:

• general - gives the trustee the broadest powers to perform actions (except for the disposal of money received from any transactions);
• special – implies the performance of any regular actions of the same type (for example, renting out for a specified period);
• one-time – issued to perform a one-time action.

A power of attorney providing for any transactions must be in writing (handwritten or printed), notarized and contain the following information:

• Full name and passport details of the principal(s);
• Full name and passport details of the authorized person(s);
• a list of authorities in which the attorney can perform actions on behalf of the principal;
• a list of actions that the principal authorizes the attorney to perform;
• the time during which the power of attorney is valid;
• date of issue of the document.

The maximum period of validity of a power of attorney for a garage is three years. But during this time, the person who wrote it can cancel the validity of the paper by informing the notary and the former attorney about it

.
Until the former attorney becomes aware of the document's revocation, the latter retains full legal authority
. The power of attorney is valid for one year unless the end of its validity period is indicated.

You can extend the power of attorney until its expiration date. A power of attorney immediately becomes invalid upon the death of the person who issued it.

.
It is worth paying close attention to the date on the power of attorney. Without a date, a document is legally void,
i.e. unenforceable.

If a power of attorney is used, only the original must be presented. But it must be borne in mind that when buying or selling or donating a garage, the seller/donor does not have the right to issue a power of attorney for the buyer/donee

. Any person other than the buyer/donee can act as an attorney in the transaction.