1. Can I grant a Power of Attorney to sell a property Turkey, without going to there?
Yes, it is possible to issue a Power of Attorney to sell a property in Turkey without going into the trouble and expense of traveling to there. There are two ways open to you:
· Firstly, you can make an appointment at the Turkish Consulate and ask them to draft the Power of Attorney to sell a property in Turkey according to your needs. However, this can be difficult as the consulates are often busy, and appointments might be hard to arrange.
· Alternatively, you can have a Turkish lawyer prepare the Power of Attorney with the specific powers that will be needed for the sale of your property in Turkey. A British lawyer or notary will not be able to do this, as they are not aware of the procedures in Turkey and of the specific powers that need to be granted, as there is no such thing as a “general” or “all-purpose” Power of Attorney in Turkey. Furthermore, the form and layout of the Power of Attorney must follow the rules for both countries and the text must be an exact translation from Turkish into English. This option is generally more straightforward and can be completed more quickly.
2. What do I need to do with the Power of Attorney that my Turkish lawyer will prepare?
After your Turkish lawyer drafts the Power of Attorney to sell a property in Turkey in English in the right form, you will need to go to a notary in the UK. There, you will sign the Power of Attorney in his presence, and you must also ask him to send it to the Foreign and Commonwealth Office (FCO) for the Apostille Stamp. This is necessary so that the Power of Attorney becomes validated for use outside the UK, and more specifically for Turkey.
Once the Power of Attorney is notarised and apostilled in the UK, it then needs to be officially translated and notarised in Turkey. To this end, the person you have empowered must go to a notary in Turkey, who will make the necessary arrangements to have the Power of Attorney officially translated, certified, and notarised in Turkey. After this, the Power of Attorney will be ready for the sale of your property.
3. How much will the preparation and notarisation of the Power of Attorney cost?
The cost of drafting the Power of Attorney to sell a property in Turkey and of having it notarised both in the UK and in Turkey is not fixed. However, it certainly is considerably less than the cost of travelling to Turkey and having a Turkish notary draft the Power of Attorney.
4. Should the Power of Attorney be time limited?
This is not required by law in Turkey to put a time limit for the Power of Attorney to sell a property in Turkey. However, if you do not have full confidence in the person to whom the Power of Attorney will be granted, it is always advisable to do this, as it will help protect you against possible misuse of your Power of Attorney to sell a property in Turkey. Another precaution is that it should always be stated at the beginning of the Power of Attorney that the powers granted are to be used exclusively for the sale of your property. A full address of your property must be given, which includes the city, county, island number, and parcel number, by which every single piece of property is unambiguously defined in Turkey.
5. Do I have to grant the Power of Attorney to sell a property in Turkey to a Turkish lawyer or can I empower someone else?
You can grant a Power of Attorney to anyone you trust to sell your property in Turkey. It is not compulsory to use a Turkish lawyer, but it is certainly advisable. A Turkish lawyer will be familiar with the both the Turkish legal system and the procedure for selling your property, and, very importantly, is bound by the rules and standards of the Turkish Bar to always act in his clients’ interests.
6. Do I need to cancel my Power of Attorney after the sale?
If there is a time limit on the Power of Attorney to sell a property in Turkey, there is no need to cancel it, as it will automatically become invalid once the time limit is reached. Alternatively, if there is no time limit but the Power of Attorney has been confined to the sale of your specific property, again, you do not have to cancel it, as it cannot be used for the sale of any other property, or for any other purpose.
If you have any questions regardig a Power of Attorney to sell a property in Turkey, please contact us. Our Turkish lawyers in London and Turkey would be happy to assist you with your inquiries.