Selling house from abroad - does solicitor need Power of Attorney?

[greenfly]

I have recently relocated to Australia for a new job. My house was on the market before I left Ireland, but only now have I received an offer that I'm happy to accept. I would like to complete the sale process without having to specifically return to Ireland to sign documents etc. I have contacted the solicitor who conducted the house purchase originally to help me with the sale.

My solicitor has asked me to sign a letter of authority, allowing him access title documents and also a Power of Attorney letter. I understand why he needs the first, but have some concerns about the power of attorney letter. Is this necessary? Am I right to be concerned/cautious about awarding power of attorney?

Any suggestions on how to proceed via an alternate route (FedEx documents? Award power of attorney to family member?) would be welcome. Thanks!

 

[Satanta]

Any suggestions on how to proceed via an alternate route (FedEx documents? Award power of attorney to family member?) would be welcome. Thanks!

I know a family member completed a sale using FedEx (or some alternative) before. The documents were to the US and back with no problems (do arrange for it to be witnessed and notorised in advance if possible) so it's certainly an option. It did add additional fees to the overall cost though (not sure of the figure off the top of my head but was pretty expensive from what I recall. Everything was registered and sent priority/next day/whatever option was available for fastest delivery).

The other option suggested by the solicitor at the time was power of attorney for a family member (which I recieved a phone call about) but due to the speed of the sale it was felt that sending the documents over would have less complications and chance for problems to arise.

Of all the options given the solicitor never mentioned power of attorney for them. It's something which I personally would avoid, if other options are available.

 

[Oilean Beag]

Four options :

1. Completion by courier

2. Power of Attorney to family member

3. Power of Attorney to solicitor

4. Fly home

The POA to your solicitor would be the cheapest, less hassle but it depends on how well you know them. A suitably specific POA with very clear instructions could serve this purpose and put your mind at ease ie. make sure what is contained in it is strictly limited to sale of the house on your behalf.

It really depends on the level of self assurance you need to have, flying home being the safest option, whereas a POA to a family member/ solicitor relinquishing more control of the transaction.

 

[Vanilla]

The problem with sending documents in the post to be signed is that there may be up to three separate sets for signature. Some of them will have to be signed by you before a solicitor or commissioner for oaths in Australia. So that makes it a little messy. A power of attorney is much simpler and straightforward as it empowers your solicitor to sign on your behalf so that there can be no delay once the power is properly executed and returned. It is a very rare event that a solicitor tries to defraud a client- and if that happens there are protections in place for clients which mean that they will never be at a loss- through the Law Society. Personally I think you'd be safe in signing a power.