5.Will I need to grant power of attorney?
Appointing an agent to represent a foreign buyer purchasing land or property in Turkey is fairly standard practice due mainly to the length of time it may take to complete the process and the client not residing in Turkey full time.
In order to appoint an agent to be a representative, a legal document must be completed in the presence of a Notary-Public. This can be done from a foreign country by going to the Turkish Consulate. The document should be notarised by a Notary Public, solicitor or registrar.
If an agent is granted power of attorney by the purchaser the following are some of things they may do on behalf of the purchaser.
• Buy, sell or rent out a property in Turkey• Manage the utilities of the property after purchase• Conduct any banking transactions• Make financial investments• Pay any taxes• Make legal claims or conduct litigation
THE CONDITIONS STATING EXACTLY WHAT AN AGENT IS AUTHORISED TO DO MUST BE CLEARLY STATED IN THE POWER OF ATTORNEY DOCUMENTS
Choosing an agent to conduct the legal side of a property purchase is an important decision. If the agent you choose is a solicitor, check that they are a member of the local Lawyers Barr Association. If they are not a solicitor then it is advisable to check their references for any previous Power of Attorney cases they have completed. This is an important issue as the Power of Attorney is a powerful legal implement which should be carefully monitored.
There are many options as to how many agents are appointed and what areas of a transaction they are authorised to carry out. Any finances should be kept in independent accounts for separate transactions and a comprehensive record with evidence of spending should be arranged with the agent.
The key to a successful client-agent relationship would be communication. Firstly the costs of the service to be provided should be discussed and agreed before moving on to the spectrum of services that will be covered. The client should ask many questions and double check the answers with their legal representative.
If there is suspicion of fraudulent or unprofessional behaviour from an agent these issues should be discussed in detail with a legal representative immediately. If these suspicions prove to be correct, an application can be made to a public attorney at the local court of justice (Adliye Sarayi).
YOU MAY REVOKE A POWER OF ATTORNEY AT ANY TIME by contacting a Notary Public or the Turkish Consulate General in London. A letter should also be sent to inform the agent that this action has been taken and all copies and documentation should be mailed back to the client. It is also advisable to contact the bank or other institutions which the agent may have power of attorney rights over, stating they are no longer representing any future transactions and the document is no longer valid.