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Power of Attorney Property purchase and sale

Power of Attorney Property purchase and sale

Representation by a lawyer on property purchase/sale

I live in the UK and wish to sell a villa that I own in Dubai.  I am unable to travel to Dubai due to work commitments.  Can you represent me on the sale?

Yes.  You would need to grant a power of attorney to myself and to my assistant, acting jointly and/or severally.  I can draft the power of attorney (“POA”) for you.  You would need to sign the power of attorney before a notary public in the UK and then arrange for subsequent legalisation of it by the Foreign and Commonwealth Office and by the U.A.E. Embassy.  On receipt of the POA in Dubai, we would arrange for attestation of it by the Ministry of Foreign Affairs and by the Ministry of Justice.  We would also need to arrange for it to be translated into Arabic. 

Once the POA is in place, we can represent you at your developer’s offices (when applying for a “no objection certificate” for the re-sale) and at the offices of one of the many registration trustees, who have been appointed by Dubai Land Department to process transfers.

We would compile a detailed checklist for you at the outset, so that you are clear and prepared for every step of the sale process.

Please note that if you do not have a bank account in Dubai, Dubai Land Department will still require that your buyer issues a manager’s cheque for the purchase price in your name.  That being the case, we can no longer request that any manager’s cheque be issued in favour of our firm’s client account, with a view to subsequently transferring the sale proceeds to your chosen bank account overseas.  If you are unable to travel to Dubai to collect your manager’s cheque, we would need to courier it to you in the UK following the transfer.  A manager’s cheque issued in Dubai can take a few weeks to clear in a UK bank account. 

 

Claire McCarthy
Senior solicitor, authorised and regulated by the SRA (England & Wales)
Real Estate (residential and commercial)
Email:  claire.mccarthy@jamesberrylaw.ae

 

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