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José M.
José M., Attorney
Category: European Law
Satisfied Customers: 4735
Experience:  Spanish Attorney
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I have a property in Spain that I would like to sell. The

Resolved Question:

I have a property in Spain that I would like to sell. The realtor would like me to sign a power of attorney, with them assigned to handle the negotiations, and have it notarized by the Spanish Consulate. I have a signed contract with them to list the property, and I have had a long relationship with them. What I believe, is that to make the contract binding, I must understand the Power of Attorney and have a Spanish seal of Notary placed on the document to make it binding. Is this true? Also, the nearest consulate to me is LA as I live in Colorado...I would be happy to go to LA to get this accomplished. How do I set up an appointment with the consulate? What paperwork should I make sure I have in order? Can this be done online? Is what I understand actually true? What should I be aware in the event I have a buyer...Please advise
Submitted: 11 months ago.
Category: European Law
Expert:  José M. replied 11 months ago.

Abogado3044 :

Hi

Abogado3044 :

I am José M spanish attorney

Customer:

Has what I described to you accurate?

Abogado3044 :

I really did not trust so musch with the realtor

Abogado3044 :

Its risky

Abogado3044 :

I think could be better to contract an spanish attorney in the palce where the propiety is in order to be sure

Customer:

I have known him and his family for twelve years, and indeed, is my trustee for my Spanish Will. However, I do have an attorney in Spain

Abogado3044 :

Trusting so much in the realtor could be dangerous. They could sell the propiety under price or not to give your money back

Abogado3044 :

If you really trust on him, go ahead, but you must know you are on riskes

Abogado3044 :

If they are no unknow persons for you and you trust on them its risgth

Abogado3044 :

But remember that if you give them the power to sell they could do it and the way to defend you will be only in court if they do not make the promised

Abogado3044 :

So, you decide. If trust and dont care about riskes, go ahead

Abogado3044 :

If you want to assecurate your business, contract a local attorney or thell about the business to the one you got

Customer:

I understand that, realtors are in the same boat as attorneys...I will contact my lawyer in Spain....We do have a contract for a selling price that is current...What I would like to know is if a Spanish Notary is the key. I speak Spanish, however, the law requires that I understand the legalese. Is a Spanish Notary necessary or will an American Notary work

Customer:

We have a long history...although, I know that trust in business is a dangerous thing

Abogado3044 :

Yeah, thats the point

Abogado3044 :

As I am an attorney I am forced to tell do not admit riskes...

Customer:

I bought the house on trust and they went a long way for me professionally and personally. I realize that they are in the business of making commissions....I understand perfectly what is at risk...What I need to know to begin is if the Spanish Notary is what is needed to proceed

Customer:

You have disclaimed perfectly

Abogado3044 :

Thank you

Abogado3044 :

Of course they need the power for the notario

Abogado3044 :

Its impossible to sell without it

Abogado3044 :

The way to sell in Spain reall state its always in the notario

Abogado3044 :

No more ways

Customer:

It must not be an easy job to give advice online with difficult questions. Let's make it simple...Do I need a Spanish seal...and if so, how do I go about making that appointment with the consulate to do so. What paperwork, besides the deed and my identification number in Spain?

Customer:

Do I need

Abogado3044 :

In the consulate you just need your identification, no more

Abogado3044 :

The consul will take notice of your need, and wil you the power of attorney to sell out the propiety

Abogado3044 :

If you got the escritures of the propiety will be better for him to do the document

Abogado3044 :

What is a power of attorney?


A power of attorney is a mandate given in writing before a notary public and executed as a deed by the donor (person giving the power of attorney) in favour of a third party (attorney).


It is a practical and common way of delegating authority. By virtue of the power of attorney the attorney is legally authorised to carry out certain acts on the donor’s behalf, which will have legal implications for the donor.


The identity of the donor will be always be verified by the notary upon execution of the power of attorney. At the foot of the document, the notary authorising the power of attorney will make a statement as to the donor understanding the contents and effects of the document and as to the document being executed before him.


What are the contents of a power of attorney?


The powers given by the donor may differ substantially depending on the transaction or legal act for which the power of attorney is necessary (civil or criminal litigation, property transactions, corporate transactions, inheritance matters, etc…).


Spanish powers of attorney normally give the donor very broad powers to deal with the specific transaction. As an example, a power of attorney for the purchase of property will often include clauses allowing the attorney to open, close and operate bank accounts, set up direct debits, make payments for the account, arrange utility contracts, pay taxes, submit forms and send and receive notifications to and from different authorities, etc….


This is mainly done for practical reasons so that the attorney may carry out all the necessary completion and post-completion arrangements. It would be very inconvenient for the donor if he had to authorise each arrangement separately. However, the donor is always free to instruct the notary to limit the scope of the power of attorney as much as he wishes.


Are powers of attorney limited in time?


Most powers of attorney do not contain an “expiry date” upon which the document ceases to be valid. This is mainly for practical reasons since sometimes the transaction or legal act may take longer than anticipated and it would be hugely inconvenient if the power of attorney was to expire before the transaction has been completed in full.


Having said that, if the donor so wishes, he may ask the authorising notary to include an expiry date in the power of attorney.


How are powers of attorney terminated?


Powers of attorneys are automatically terminated (revoked) by death of the donor or the attorney. It is important to note that the attorney is not allowed by law to use the power of attorney once the donor has died. If the particular transaction has not been completed the beneficiaries would need to give a new power of attorney allowing the attorney to continue (subject to inheritance arrangements).


The power of attorney is also terminated by declared insolvency or loss of capacity of either the donor or the attorney. The attorney is free to resign at any time.


The donor can also revoke the power of attorney and any time. However this needs to be done by executing a Deed of Revocation of Power of Attorney. The Deed of Revocation does not need to be authorised by the same notary before whom the power of attorney was executed. After execution, the notary will notify the attorney of the revocation.


It is always advisable to revoke the power of attorney once the mandate has been completed and to ask the attorney to return to the donor the original Deed of Power of Attorney and any copies that he may have obtained from the Notary’s office.


What are the attorney’s obligations?


The attorney must strictly follow the donor’s instructions and is forbidden to act beyond the powers given in the power of attorney. The attorney also has the obligation to render accounts to the donor and to pay to the donor any amounts given to him by virtue of the power of attorney.


The attorney would be responsible for any damages suffered by the donor as a result of the attorney’s negligence.


Sometimes powers of attorney include substitution clauses by which the attorney has the power to appoint a replacement to exercise any or all of the powers given to him by the donor. The donor can ask the authorising notary to remove such clause if he wishes, particularly if he wishes the individual attorney to act on his behalf.


What are the donor’s obligations?


As a general rule, the donor is responsible for all acts of the attorney done within the attorney’s authority and so the donor must fulfil any obligations to which the attorney has committed on the donor’s behalf (if these are within the scope of the power of attorney).


The donor has the obligation to advance to the attorney any amounts which are necessary for the performance of the mandate and to reimburse the attorney (with interest) if he used his own money.


The donor also has the obligation to compensate the attorney for those damages suffered by the attorney in the performance of the mandate (if there is no negligence by the attorney).


The attorney has the right to retain property belonging to the donor until he has been reimbursed for his expenses or compensated for his damages.


Is there a golden rule?


Yes there is: Powers of attorney always involve a risk, so it is fundamental that the attorney is a reliable individual or professional firm who will follow strictly the donor’s instructions at all times with the utmost diligence.


How do you arrange a Power of Attorney in Spain?


If you are in Spain find your nearest notary here and arrange an appointment. You will need to explain to the notary’s clerk the purposes of the Power of Attorney and provide your and your attorney’s personal details (full name, passport or ID number, address, marital status). When you attend the notary’s office always bring your passport with you.


How to arrange a Power of Attorney in the Uk?


Contact your nearest Spanish Consulate, they will provide you with a list of English notaries specialised in Spanish matters. Or contact Susana De Las Cuevas Nagle, of Irwin Mitchell in London, contact details below.


Roughly how much it costs?


A notary practising in the UK may charge in the area of £250 plus VAT for drafting a bilingual Power of Attorney and witnessing its execution by the donor/s.


If the Power of Attorney has already been prepared by a Spanish Lawyer, the notary would only charge for witnessing the execution of the documents and his/her fee may vary between £90 and £150 VAT depending on the area where the notary’s offices are based.


Please note that Powers of Attorney executed before an English notary will need to be legalised with The Hague Convention Apostille (at the Legalisations Department of the Foreign and Commonwealth Office) in order to be valid in Spain.,


Your notary will be able to arrange legalisation but he/she will charge and administration fee (in the area of £30 plus VAT.) You will also be responsible for payment of the Foreign and Commonwealth Office’s fees which amount to £27 per document.

Customer:

How do I contact them to make an appointment

Abogado3044 :

Where do you want to manage ?

Abogado3044 :

Where do you want the appoiment?

Abogado3044 :

It has to be done in the closer spanish consulate, I will find it for you

Customer:

I have just emailed the info to my attorney in Spain, however, I am sure I would need to be present to sign in person. Same problem...Since I have to fly to LA or Spain..LA is much cheaper...I would like to have a preset appointment...is this possible

Abogado3044 :

You do not need to be present to sign once you got the power of attorney

Abogado3044 :

You will be present in the consulate to sign to make the power of attorney

Abogado3044 :

Once you got the power of attorney and you send it to them you do not need to make anything more

Abogado3044 :

A power of attorney in Spain can only be granted by a person with legal authority and it is compulsory that the grantor is present before a public notary. The recipient does not have to come to the public notary. The grantor of the power of attorney in Spain must also prove that he has the right to grant the power. If the grantor is a person, the identity card is sufficient. If the power of attorney in Spain is given by a legal representative of a company, he must prove his authority, while in the case of a company secretary who wants to grant power, a proof of the job title is required.


A power of attorney in Spain is also known as “poder” and can be authenticated by a public notary, a notary of the Spanish Embassy or a notary outside of the country. If the power of attorney in Spain is completed in the presence of a notary, the authorised person receives the right to act as a legal representative with full efficacy of the power granted anywhere in the world. A power of attorney in Spain should mention clearly what are the powers granted and what is their effect. However, Spanish lawyers should be consulted for this matter before completing a power of attorney in Spain.


If a power of attorney in Spain is needed for international legitimization, the Spanish grantor must appear in front of a public notary in the country where the power of attorney is required. The document needs authentication on the basis of the Hague Apostille if the country where the power of attorney is done is a member of the Hague Apostille. Otherwise, there are specific rules available in each country. A foreign power of attorney that is needed in Spain should be translated in Spanish, unless it is authenticated by a Spanish Embassy or Consulate.


A power of attorney in Spain can be used in situations where a party of a deed cannot attend in person, such as sales, purchases and other transactions. The power of attorney in Spain is usually valid until it is revoked. It also stops being valid if one the parties, be it the grantor or the attorney, dies. It is stipulated in the Spanish law that the power of attorney cannot be used after the donor passed away. The revocation of a power of attorney in Spain requires the execution of a “Deed of Revocation of Power of Attorney” in front of a public notary.

Customer:

How do I reach the consulate directly?

Abogado3044 :

Yes of course

Abogado3044 :

They will tell you an email, a telephone...

Abogado3044 :

If you tell me where you need it I will tell you the closer

Abogado3044 :

And I will do my best to give you the contact ways, numbers and emails

Customer:

Los Angeles is the closest

Abogado3044 :

Ok I will check

Abogado3044 :

Link

Abogado3044 :

http://www.exteriores.gob.es/Consulados/LOSANGELES/en/ServiciosConsulares/Pages/Actos.aspx

Customer:

Gracias XXXXX XXXXX tiempo y ayuda

Abogado3044 :

Contact

Abogado3044 :

http://www.exteriores.gob.es/Consulados/LOSANGELES/en/Consulado/Pages/LocalizacionContacto.aspx

Abogado3044 :
Address and contact:

Consulate:
5055 Wilshire Blvd.
Suite 860
Los Angeles CA 90036
Tel. from EEUU:(NNN) NNN-NNNN(NNN) NNN-NNNNbr/>Tel. from Spain: 00 1(NNN) NNN-NNNN 1(NNN) NNN-NNNNbr/>Fax: 1-323-938-0112
Email: cog.losangeles@maec.es


Directory:
Honorary Consulates


There are Honorary Consulates of Spain in:

San Diego (California)
Sra. Dª María Angeles Olson
10922 Anja Way
Lakeside, CANNN-NN-NNNN
Phone:(NNN) NNN-NNNN
Email: conhon.espana.sd@gmail.com

Phoenix (Arizona)
Sr. D. Alfredo Molina
3134 East Camelback
Phoenix, AZ 85016
Phone:(NNN) NNN-NNNN
fax (NNN) NNN-NNNNbr/>Email: MFJ@finejeweler.com

Salt Lake City (Utah)
Sr. D. Baldomero Lago
5131 S. Morning Dr.
Phone:(NNN) NNN-NNNNbr/>Email: consuldeutah@msn.com

Centennial/Denver (Colorado)
Sr. D. José Luis Parrado
9697 East Mineral Ave.
Centennial, CO 80112
Phone:(NNN) NNN-NNNNbr/>Email: pparrado@jonesknowledge.com


The General Consulate of Spain in Los Angeles has as jurisdiction the next geographic area: South California (counties of Imperial, Inyo, Kern, Los Angeles, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara and Ventura), Arizona, Colorado, Utah.


OFICINA COMERCIAL DEL CONSULADO GENERAL DE ESPAÑA EN LOS ÁNGELES
1900 Avenue of the Stars, Suite 2430
Los Angeles, CA 90067
buzonoficial@losangeles.ofcomes.mcx.es

Phone:(NNN) NNN-NNNNy el fax(NNN) NNN-NNNN

SERVICIOS DE LA AGREGADURÍA DE EDUCACIÓN Y CIENCIA DEL CONSULADO GENERAL DE ESPAÑA EN LOS ÁNGELES
6300 Wilshire Blvd., Suite 830
Los Angeles.
California 90048
Phone
: 323 852 - 6997
Fax: 323 852 - 0759.

OFICINA ESPAÑOLA DE TURISMO EN LOS ANGELES
8383 Wilshire Blvd., Suite 960
Berverly Hills
California 90211.
losangeles@tourspain.es
Phone:(NNN) NNN-NNNNy el fax(NNN) NNN-NNNN

Abogado3044 :

Thank you

Abogado3044 :

I will be here if needed

Abogado3044 :

Gracias, XXXXX XXXXX línea si necesita más ayuda

Abogado3044 :

I gently ask for a good rate of the service in order to get pay from the site

Abogado3044 :

If you do not do it the site does not pay the expert

Abogado3044 :

Have agood day

José M., Attorney
Category: European Law
Satisfied Customers: 4735
Experience: Spanish Attorney
José M. and other European Law Specialists are ready to help you

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