Many homeowners from different regions of Ukraine have gone abroad or are going to leave, but they want to rent out their housing. This process is not legally simple. At the same time, many realtors are ready to help in this matter.
How to formalize it legally competently, told real estate lawyer Igor Buzovsky:
- Method one: the homeowner issues a notarized power of attorney to a specific person with the authority to dispose of their housing by renting it out. The problem is that such a power of attorney should contain a lot of clear and specific powers, responsibility is distributed, and the main conditions of the future lease agreement are determined. In fact, this should be a contract in the form of a power of attorney, however, the notaries are deprived of the opportunity to include all elements of the contract in the power of attorney.
Method two: the realtor sends the owner an electronic copy of the “Property Management” agreement along with the draft lease agreement, which he will conclude in the future, the owner signs it and sends it to the realtor by courier or mail. By the way, you can even sign it remotely (it was developed by me during the pandemic). Such an agreement clearly spells out the rights and obligations of the parties, delineates responsibilities, provides for a specific fee for the provision of property management services, and the realtor has full authority for such activities.
According to the lawyer, another topical issue among Ukrainians is how to sell an apartment when you are abroad. Especially when the sale of housing has acquired urgency.
— The easiest option is to issue a power of attorney at the consular office of Ukraine with the authority to sell the apartment, transfer it to Ukraine and entrust the sale to a relative or a person whom you fully trust — explains the lawyer. - Such a power of attorney will be valid for two months without the need to confirm its validity. But there are moments here too. Yes, a sample of such a power of attorney should be taken from a Ukrainian notary at the location of the apartment. It is desirable that this is the notary who will certify the agreement. It is he who will enter the foreign power of attorney into the Ukrainian register of powers of attorney.
The power of attorney should immediately provide for the maximum number of powers for the trustee: utilities, BTI, banking institutions, tax authorities, TsNAP, archives, courts, executive services.
No one can foresee in advance what circumstances may arise during the preparation of the transaction. Before you start selling and looking for buyers, I strongly advise you to check yourself and the apartment itself with a notary or a lawyer for arrests, prohibitions or other problems. Remotely solving an unexpected problem is much more difficult than learning about it before the start of sales and preparing for the deal in the normal mode.
After the power of attorney is certified abroad, as well as the consent of the spouse to sell housing, their originals, together with all original documents for housing, are transferred through volunteers to the territory of Ukraine, and only then by courier service to the place of certification of the contract.
Meanwhile, it became known who will be the first to receive compensation for housing lost due to the war.
Read on “Censor.NET”: Notarial changes in Ukraine: it became easier to sell real estate during the war
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Source: Fakty
