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Purchase and sale of real estate by authorized representative

Quelle: AMATIN AG, 2021

Anyone wishing to conclude a real estate transaction in Switzerland must have the contract notarised by a notary. Public certification is a formal requirement imposed by law and serves to protect against haste and to ensure legal certainty.

As with most legal transactions, you can also be represented in a real estate transaction. The representative needs a power of attorney for this. There are no formal requirements for powers of attorney under Swiss law. Powers of attorney can therefore also be issued in writing.

The combination of these two circumstances results in the following: If someone wants to sell his house, for example, he must sign the contract at the notary’s office and have it notarised. However, if the seller cannot or does not want to go to the notary himself, he can give another person a written power of attorney and authorise him to carry out the transaction. In practice, it is likely to be necessary to certify the signature of the principal so that the notary can assign the signature of the principal without doubt.

The represented person can therefore grant someone the power to buy or sell a property in his name with a simple power of attorney, although in practice the authentication of the principal’s signature is likely to be unavoidable.

AMATIN AG  Rechtsanwälte / Rechtsberatung  │  Attorneys at Law / Counselors  │  Conseiller Juridiques / Avocats

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