selling property - power of attourney question.

[keng38]

Me and Mrs KenG are selling our apartment to a Turkish buyer.
Problem is Mrs KenG can't get time off work until July and the buyer wants it now.
What steps do we need to take to pass all of the power of attorney to sell to me?
We are both named on the Tapu and both here in the UK.

[JohnF]

You need her POA which you can do in the UK.  Where abouts in UK are you?

JF

[usedbustickets]

Then Mrs KenG should take a days sicky or something, on either a Friday or Monday to ensure she is here for a weekday to transact the sale.  Perhaps getting one of the many flights to and from Turkey via Istanbul using Turkish Airlines.  Cos it will be a lot less complicated, quicker, cheaper and deffo more assured than setting up a POA for Turkey in the UK, to bring over here.  I have just heard of one deal being delayed - by potentially weeks -  because the UK 'specialist' lawyer in Turkish legal matters had not completed the PoA correctly and it was rejected here.

[JohnF]

You're right, if it at all possible going over is the best solution as POA's prepared by UK lawyers have a habit of being rejected due to the wording being incorrect or the POA holder not following the correct procedure in respect of apostillation (by the FCO) and (in some cases) verification by the Turkish Consulate. 

However, if it is not possible to go then doing it right isn't difficult - you just need to make sure that the wording is correct and that you follow the correct steps to legalise it for use in Turkey. 

The most common mistake made is by asking a UK lawyer to actually prepare the POA.  They know nothing about this type of document - all you want the UK lawyer to do is Notarise it.  You give them the POA (in Turkish and English) and they witness the signing by both parties.

This is one situation where using a lawyer in Turkey for conveyancing could be a good idea.  They'll know the exact wording needed for the circumstances and also be aware of what will be accepted in the local deeds office and what won't be. 

The reason I asked where you are in UK is that if you're within easy reach of London, you can have a document apostilled by the FCO in the same day - £75 plus agency charges of £60-£80.

Good luck with your sale whichever way you do it.

JF

[keng38]

I'm in Manchester.  Sickie isn't an option as her boss is holidaying in the area.
We are selling to a Turkish friend who wants to rent it out for the summer and the exchange rate is in our favour also.
Will see if there's a local guy here in the UK.

[Scunner]

Ken, find out who your local Notary Public is. They will be able to handle this for you. Your everyday solicitor will know who it is. Get a copy of a Turkish PoA for SELLING a property (translated to English) , change the names, dates and property details to your own and the Notary Public can sort out the apostille for you to take with you.

It takes a week or two to be done, then you can take it to Turkey - where they will retranslate it into Turkish.

Job done.

[Scunner]

Here is a Manchester notary public: http://www.rkwlaw.co.uk/

[keng38]

Thanks Sconser I have sent him an email.

[Scunner]

Sconser...

[KKOB]