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Purchasing Apartment - Power of Attorney

C
#1

I found an apartment to buy but the seller is a friend of the owner using a Power of Attorney from the owner that was certified by the same Cartorio de Notas as will be used for the deed.  The one concern I have is if I will have any issues in the future if the contract and deed are signed by the individual with the Power of Attorney, and not the owner as shown in the Matricula, and the money is sent in Brazil to the individual with the Power of Attorney.


Anyone have a similar experience or any advice?

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Peter Itamaraca
#2

Firstly it MUST be a Public POA not a private one.


Secondly you really should not send the funds to the guy holding the POA unless it specifically states that the owner authorises this in the POA.


Finally, for complete peace of mind, ask your attorney to verify everything; (btw who is going to do all the documentation etc for the escritura?)

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P
#3
Anyone have a similar experience or any advice?
   
    -@californiainbrazil

I followed @peter_itamaraca's advice and I had no problems.  I would not recommend deviating from the advice.


Good luck.

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