Power of Attorney at a land sale

[Neirobiologist]

Dear Expats? please gimme the hint.

i am a buyer. i want to buy a chacra. the seller is a guy who has two sisters. so they are three owners of one plot of a land. the brother has Poder (power of attorney) from two sisters.

I insist that all three owners should sign the escritura, I have this my right, i hope so. But the seller refuses this my wish, and seller says that the Poder is enought for this deal. the Poder is 10 years old, it does not has limits by time by text.

I am afraid of something. my experience is that all these Powers of attorney have some shadow of doubts.

How else can I ask the seller to sign the escritura by all owners?

 

[elhombresinnombre]

Dear Expats? please gimme the hint.

i am a buyer. i want to buy a chacra. the seller is a guy who has two sisters. so they are three owners of one plot of a land. the brother has Poder (power of attorney) from two sisters.

I insist that all three owners should sign the escritura, I have this my right, i hope so. But the seller refuses this my wish, and seller says that the Poder is enought for this deal. the Poder is 10 years old, it does not has limits by time by text.

I am afraid of something. my experience is that all these Powers of attorney have some shadow of doubts.

How else can I ask the seller to sign the escritura by all owners?

Some friends and I were talking about this very situation only this afternoon. There are just so many opportunities for this to go wrong and for dishonesty to already be embedded somewhere in the system to screw you over entirely that unless unless the price is so low that you could think of it as a) a win-some lose-some bet on a casino table or b) you are prepared to pay endless legal fees in hopeless attempts to put things right, then forget it.

Go look for another piece of land.

 

[sts7049]

walk away if your gut is warning you

 

[steveinbsas]

How else can I ask the seller to sign the escritura by all owners?

Your escribano is the person you should ask, but you did not indicate that you have one.

The escribano can insist that all three legal owners sign at the escritura if that is necessary to insure that you do not have a problem in the future

Whatever you do, do not use an escribano of the seller's choice!.

It is your right.to choose the escribano as well as the location of the escrtura.

In 2009 I bought a PH in Nuñez.

The sister of the owner had power of attorney to sell the property because the titulo de dominio (owner on the title) was seriously ill.

My escribano checked everything and the sale took place without any issues...just before the owner died.

PS: If there is a building on the property, be sure no one is living in it before you have the escritura.

I can imagine one or both of the sisters who did not sign the escribano's book at the escritura being there when you show up to take possession and telling you it is her/their home and she/ they did not consent to the sale of the property.

If the property is bolido (with no construction) I can also imagine one or both of the sisters claiming they never agreed to the sale after the escritura, possibly after you have constructed a home.

The power of attorney may be valid, but until your escribano can make that determination I suggest you wait before taking further action.

 

[steveinbsas]

...seller says that the Poder is enought for this deal. the Poder is 10 years old, it does not has limits by time by text.

Your escribano will know if there is a statute of limitations on POA in Argentina.

 

[steveinbsas]

It is your right.to choose the escribano as well as the location of the escrtura.

I strongly suggest (especially if you are buying land without construction) that you do not have a boleto (when you would give the seller about 30% of the purchase price about thirty days before the escritura.

It would be too "easy" for the sellers to back out of the deal or not show up for the escritural and not refund the 30%.

If I understand correclty, they would "owe" you double what you gave them at the boleto, but imagine what an ordeal it would be to sue them for it.

It would be interesting to know how you found the property in the first place

Even if a real estate agent is invloved, that person could conspire with the sellers...and make claims that are untrue and promises that will never be fulfilled.

If you already have an escribano, have you asked for a "title report (aka "informes" in Spanish)?

PS: Speaking only for myself, unless the two sisters were on their deathbeds and could not travel to attend the escritura and sign the escribano's book, I would be more than hesiatnt to go through with a deal like this, and I would only use an escribano with the highest reputation I could find.

 

[steveinbsas]

This thread may provide some useful information as well as links to related threads:

Buying a rural property in Argentina is HARD​

 

[nikad]

Do not risk it. It is a buyers market you will find plenty of opportunities. Make sure to have a very trustworthy escribano of your choosing always.