When a power of attorney makes sense
A power of attorney (poder notarial) lets another person act in your name. For a home purchase it is useful when you live abroad, when the signing date does not suit you, or when you want someone to handle the NIE, the bank account or the taxes while you are away.
The person you authorise can be a relative, a friend or a professional. Choose someone you trust: with a broad power they can sign and pay on your behalf.
Two ways to grant it from abroad
- At the Spanish consulate in your country. The consul acts as a Spanish notary, so the document is ready to be used in Spain, in Spanish, with no apostille.
- Before a local notary in your country. In this case the document normally needs the Hague apostille (or legalisation, if your country is not part of the Hague Convention) and a sworn translation into Spanish if it is in another language. The Spanish notary will check that it is equivalent to a Spanish power of attorney before accepting it.
A practical tip: ask the Spanish notary who will authorise the purchase, or your lawyer, to send you the wording in advance. A text prepared in Spain avoids most rejections.
What the power of attorney should include
- Buying the specific property, or properties in a given area, setting or accepting the price and paying it.
- Signing the deposit contract (arras) and the deed of sale.
- Applying for your NIE, if you do not have it yet.
- Opening and operating a Spanish bank account.
- Taking out a mortgage, if you need one, and signing the loan deed.
- Paying the taxes and dealing with the land registry, the local council and the utility companies.
Common mistakes
- A power that is too general or too narrow: if a step is not included, the notary will not let the representative do it.
- Forgetting the apostille or the translation, and discovering it a few days before the signing.
- Granting the power after agreeing the signing date in the deposit contract, with no time margin.
How I can help
I act only for buyers. I can review the wording of the power of attorney before you sign it, coordinate dates with the notary and the seller, and check the property and the contract while you are abroad. See also how to get a NIE to buy property in Spain and buying property in Madrid as a foreigner, or book a free first consultation.