POWER of ATTORNEY for REAL ESTATE TRANSACTION

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acantha
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POWER of ATTORNEY for REAL ESTATE TRANSACTION

Post by acantha » Thu Mar 01, 2018 9:19 pm

Hi there,
My mom is from Chile and her family needs to sell property from her father's estate immediately.
They want her to come right away so they can sell the property, but she can't.
So she wants me to go and do it for her. I know this means getting a Power of Attorney.
But really not sure about the next steps.
How does one go about doing this? I am an American citizen if it makes a difference.
Many thanks!

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David_Bro
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Re: POWER of ATTORNEY for REAL ESTATE TRANSACTION

Post by David_Bro » Thu Mar 01, 2018 11:11 pm

Hmmmmm----its a simple operation in Chile at the Notary with all the correct documents and both parties present----I would look into your closest Chilean consulate first and see what they say---I'd also highly suggest you consider hiring Charles Spencer Global to help you get it done as anyone you find in all the steps you are going to need to take to make the sale will cause a lot of heartache and more than you are prepared for in time when someone drops the ball----and they will----

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admin
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Re: POWER of ATTORNEY for REAL ESTATE TRANSACTION

Post by admin » Fri Mar 02, 2018 8:45 am

The POA needs to be drafted by an attorney, sufficently broad to get the job done and sufficently restricted to keep anyone from doing anything bad (even if just by accident). For example, without the proper powers included the title registry may reject the poa, or a buyer's bank may reject it when trying to apply for a mortage.

What catches my attention is the fact this is an inheritance. Is the estate completly transfered to the inheritors names and correctly?

The statute of limitations on estates is one of the longer ones when it comes to real estate.
Spencer Global Chile: Legal, relocation, and Investment assistance in Chile.
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From USA and outside Chile dial 1-917-727-5985 (U.S.), in Chile dial 65 2 42 1024 or by cell 747 97974.

Gloria
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Re: POWER of ATTORNEY for REAL ESTATE TRANSACTION

Post by Gloria » Fri Mar 02, 2018 9:41 am

Well, I had it done just last year and it´s not as "painful" as it seems when the parties are present in front of the notary. It has to be signed and thumb printed by both parties with proper documentation, meaning "cedula de identificación" or RUT in hand. The POA which is usually drawn by an attorney in the US, in Chile it´s usually done at any notary. The document is called MANDATO GENERAL RECÍPROCO. It is a 3 page doubled sided printed document.
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fraggle092
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Re: POWER of ATTORNEY for REAL ESTATE TRANSACTION

Post by fraggle092 » Fri Mar 02, 2018 11:47 am

admin wrote:
Fri Mar 02, 2018 8:45 am
What catches my attention is the fact this is an inheritance. Is the estate completly transfered to the inheritors names and correctly?
Thats the crux of the matter.
https://www.registrocivil.cl/f_posesion.html

Squabbles, sometimes quite violent affairs, between herederos and other interested parties often enliven property transfers.
Après moi, le déluge

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Re: POWER of ATTORNEY for REAL ESTATE TRANSACTION

Post by rfinmdusa » Fri Mar 02, 2018 12:41 pm

When we bought our property in Chile:
Our attorney in Chile made the documents giving her POA and mailed them to us in the US.
We signed them in front of a notary at our bank who notarized it.
Then we took the notarized POA to our County courthouse and had the County Notary, notarized it.
Then we took it to the Maryland State Department and had them notarize it.
Then we took it to the US State department and had them notarize it.
Then we took it to the Chilean embassy in DC and had the consulate notarize it.
Then we mailed it to our attorney in Chile and she bought the property and had it recorded for us.

If you try this approach look up how to formally adrerss the letter requesting a meeting with the Chilean Consulate. If you don't address him properly in your letter, he won't respond.

If you have a lawyer you trust in Chile it shouldn't be a problem.

Hope this helps.

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Re: POWER of ATTORNEY for REAL ESTATE TRANSACTION

Post by admin » Fri Mar 02, 2018 2:42 pm

90% of those procedures above are not required and / or were never required.
Spencer Global Chile: Legal, relocation, and Investment assistance in Chile.
For more information visit: https://www.spencerglobal.com

From USA and outside Chile dial 1-917-727-5985 (U.S.), in Chile dial 65 2 42 1024 or by cell 747 97974.

Gloria
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Re: POWER of ATTORNEY for REAL ESTATE TRANSACTION

Post by Gloria » Fri Mar 02, 2018 3:50 pm

Which one's?
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David_Bro
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Re: POWER of ATTORNEY for REAL ESTATE TRANSACTION

Post by David_Bro » Sat Mar 03, 2018 3:02 am

Just hire Charles and its over-----you will run around forever---Don't know how large a property it is and if its just a simple house----but if it's anything sizable, in the 30 to 60 hectare range it will take 2 years to sell it at market price----UNLESS you have someone like Charles in your corner----not to say it will still take as long but depends on so much like the size, location and market value and what you are willing to sell it for----Just hire Charles and let him handle it-----he is thorough, legit and correct-----If you were living in Chile and within easy driving distance and know the Chilean routine and you are willing to put up with all the last minute "push me, pull you routine" that it WILL be, then go for it, but if you want the quick deal, then do yourself a favor and hire him.

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Gloria
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Re: POWER of ATTORNEY for REAL ESTATE TRANSACTION

Post by Gloria » Sat Mar 03, 2018 9:43 am

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I'm from the generation of common sense, wisdom and unfiltered answers. I sayeth as I seeth.

acantha
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Re: POWER of ATTORNEY for REAL ESTATE TRANSACTION

Post by acantha » Sat Mar 03, 2018 5:14 pm

Many thanks for all the replies.
In answer to the questions.
This has been ongoing for years, there are two inheritances
which have been settled on the descendants.
However my mother has yet to receive anything.
As far as the real estate a buyer is lined up for the properties.
The only thing needed is my mother's signature.
My mom has no one trustworthy in Chile to give the POA to so wants me to go.
Just want to make sure to do everything by the book so there
are no issues when I get down there.

acantha
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Re: POWER of ATTORNEY for REAL ESTATE TRANSACTION

Post by acantha » Sat Mar 03, 2018 5:19 pm

Thanks, wondering if the POA was
drafted in Spanish and English?
Or just in Spanish?
Many thanks!

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