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Old 26-02-2008, 01:59 PM
Zeiad Yehia's Avatar
Zeiad Yehia Zeiad Yehia is offline
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Quote:
Originally Posted by realestatemart View Post
Just small comment on first option he can resell it but the new owner can't go for formal registeration before five years but the old owner can give the new owner registered power of Autorney paper and prime contract which can have date of signature at government office which is realy enough for the new owner to control the flat
Thanks for mentioning this point so I can clarify it:

Firstly, according to law number 230 of 1996, the foreigner purchaser is PROHIBITED from selling their property within a 5 years time period. The word "prohibited" or "restricted" means that any sale that will take place before the 5 years restriction expires would be a "REVOKED" and "INVALID" sale.

You definitely can articulate a preliminary contract, but the question is..... is it in compliance with law? Answer is "NO." and subsequently the sale withing the 5 years will be legally valueless.

Now talking about the power of attorney. The PoA is a LEGAL TOOL that would allow someone to act on another's behalf.

In this case "which I am almost sure was an invention of some real estate agent" the alleged purchaser will not be a real purchaser, but merely an authorized representative of the landlord, having the power to do this and that, but ON BEHALF of the landlord, while the seller remains the true owner against the state's authorities.

I personally will never advise a client of mine to purchase a property this way, unless they REALLY trusted the seller and it was on their own responsibility, otherwise the seller might claim the property back and take it away from the new purchaser. This is just risky and wrong!!! Evenif it happens in practice, and even if estate agents use this method "I can hardly call it a method even" I still "being a lawyer" allow my clients to get involved in such a transaction.

AFTER the 5 years restriction expires, the landlord may feel free to sell their property to someone as a VALID and LEGITIMATE sale.

To cut the long story short....... any sale before the 5 years come to an end is illegal and valueless, and the PoA is - as abovementioned - not a title of deed, but just a legal authorization for (A) to act on (B)'s behalf, in the name of (B) and for the interest of (B).

All the best,

Zeiad Yehia
Solicitor
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