Be careful when you make a power of attorney to sell real estate

Quite common cases where by virtue of his employment or for other reasons, the owners draw up a power of attorney to sell his property to third parties - relatives, friends, employees, real estate companies. It is not enough to change your mind to make a deal if the owner has issued power of attorney for selling the property and gave it to the attorney, but later decided not to dispose of the assets, it is not enough to change your mind to do this or that transaction. In addition, not enough even to cancel a power of attorney - this action can not prohibit the execution of the contract as your representative. It is mandatory to be notified to cancel a power of attorney a person to whom it was issued, and he knew of third parties, for which the representation is given to the attorney, and the registration authority. The above obligation is to be the rule 189 of the Civil Code. If you cancel a power of attorney, you do not put notify the attorneys and the person and the registration authority - Rosreestr, the termination of a power of attorney will have no legal force, or in other words, this cancellation will not be deemed to be a recognition of the transaction, structured in such a power of attorney invalid . Any cause of judicial practice and requirements relevant circumstances or good cause is the former owner, whose property is expropriated by the power of attorney for the court will have no value. The jurisprudence in this matter has already been formed and is strictly on a certain direction - namely, if the owner will issue a power of attorney to dispose of the property, and does not cancel it, or cancel, but does not notify a representative to the registration authority and, accordingly, will be deemed to power of attorney has not been abolished, and consent to the transaction for the disposal of the property from the owner is present. Formal contract for the implementation of the property by the power of attorney will be lawful and valid. In summary In summary should again focus on the following: the power of attorney to dispose of property, unequivocally confirms the presence of the will, desire and consent of the owner of the transaction that issued a warrant, even if the owner has decided not to dispose of property, but for some reason had not revoke a power of attorney or did not have time to warn the representative or the registration authority of its repeal (v. Art. 168, 169 Civil Code).