Home > Expert advice > Real estate questions > My spouse is on the move. He will not be able to be present to sign a sales mandate. How can we proceed?

My spouse is on the move. He will not be able to be present to sign a sales mandate. How can we proceed?

Power of attorney when signing the sales mandate

If one of the sellers cannot be present for the signing of the mandate, he can give power of attorney so that another person can sign in his place. The power of attorney must be in writing, indicate the identity, marital status, and address of both the person who consents to it and the person who receives it. It is necessary to define the powers entrusted to him, for example, to give a sales mandate to a real estate agent to sell such property, precisely identified, at such a price.

It is also useful to specify the amount of the agency's commission and the party who will be responsible for it. The power of attorney must be dated and signed. It is customary for the person who gives power of attorney to indicate with his hand "good to be able" before his signature.

Attention : it is necessary to attach a copy of the identity document of the one who is represented by the power of attorney. The real estate agent may also request legalization of the signature on the power of attorney.

To do this, it is necessary to go to the town hall of your home, with an identity document and proof of address. The signature is affixed to the power of attorney in front of the mayor or the person who replaces him. This person will thus legalize the signature.

Good to know

A sales agreement is a preliminary contract that binds buyer and seller on the final sale of a property. It is not mandatory but recommended to define the conditions under which the sale will take place, and allows the seller to ensure the seriousness of the buyer.