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Proxy Document Witnessing


Paul
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Hello, Can I ask something about the proxy document to give power of attorney to someone so that an Acte de Vente may be signed in the absence of the purchaser?  Does this document always have to witnessed by a UK notary or can it be valid just signed by the buyer(s).

Thanks, Paul

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From my own experience, if you cannot sign the Power of Attorney in front of your Notaire, then it can be signed in the Uk in front of a Commissioner of Oaths and registered, the cost of this was £60 in 2003. You will need to find a Solicitor who is a Commissioner of Oaths as many Solicitors do not have these powers.

Baz

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From reading  Baz's comments the law may have changed in the last 7 years but when we bought our house in 1999 we had the power of attorney witnessed by our UK solicitor, who was a commissioner of oaths, paid him £25 and that was that, no rubber-stamping anywhere else!
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Hi Paul ,

We have just done the very same. We live in Jersey and are buying a property in France. We were therefore in Jersey when the Acte De Vent had to be signed. A copy of the Acte was sent to us for us to check with our lawyers. We were also sent a power of attorney which gave the notaire in France the authority to sign it on our behalf. We signed the power in front of a notary public in Jersey, who also signed and stamped it. We then had to get the document legalised. I believe it has to be done this way and it can not just be signed by the buyer.

Regards

Paolo

 

 

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  • 6 years later...
I had a nightmare with this when I sold my house last year. I live in the US, my ex wife lives in Australia. I had no problem over here getting my signature witnessed by a public notary, but my ex had major issues because it was for overseas and in French. No one would sign it because they didn't know what they were signing. After several stressful days of searching, someone eventually signed it, to the tidy sum of $70!

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I had the reverse situation here in France. I needed to swear an oath in front of a commissioner for oaths but was told a Notaire would qualify. I had a translation so he had some idea what he was witnessing. His fee? - nothing - 'it's only a signature'. He will get my business in the future![:)]
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Last April I was given power of attorney for BIL and his wife to sign both the Compromis and the Acte on their behalf.

They live in New Zealand. The documents were sent by email by the Notaire here to their nearest French Consulate, to be printed, signed and witnessed, and returned by a courier service.

 

 

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