pldouglas

Member
power of attorney advice
We have recieved an offer for our villa rather 'out of the blue' because frankly, with all the stories of gloom and doom out there, we thought we had no chance of selling this year. Anyway, it looks like it is possibly happening, but we can't get out there until July and the buyers don't want to wait until July.
So, question. Would you take the advice of our agent and give them Power of Attorney? We're a bit sceptical about doing this.
Does anyone know how you can be in GB and arrange Power of Attorney in Turkey?
Any advice on this legal subject would be gratefully recieved and if it all goes through then there will be one dickens of a party!
 

RIK

Member
power of attorney advice
Never having done this I don't know the answer but I would have thought that you would be better off giving POA to an Avokat.Plus if it goes through where does the cash go.Emlaks don't have a good reputation as we all know. ( Members excepted -- Female ) Make sure the avokat can be trusted and state that you want the cash transferring to your choosen bank.Can't think of anything else but hopefully somebody else will be along.

Ian
 

Dalaman Deli

Loving Life in Turkey!
power of attorney advice
The POA is not difficult to arrange from the UK. We have had a couple of them sent over so we could sell on behalf of clients in the UK. The big important question is, do you trust your agent? Another option is to give it to a lawyer (in Turkey) you trust, if you have one.

If you do, you need to arrange your POA one through a UK lawyer and have it apostilled at the Foreign and Commonwealth Office. When it gets over here your agent (or lawyer) will then need to have it translated and notarised. The last one we had done cost 220TL for the translation and Notary costs.

Good luck and congratulations on the sale!
 

Mushroom

Member
power of attorney advice
Can't help but notice that you put this in the 'clean jokes' section.

We have so far given POA twice from the UK. first to our solicitors in Turkey to arrange the payment of the final blalace of our first property and to be able to access our Turkish bank account to pay the builder.
All pretty straight forward as they sent us a proforma to complete and already had our passport and Turkish tax details.
We faxed the completed POA direct to the solicitors and also posted the originals to them.

On the second occasion, for an alteration of a Tapu/maintenance plan - long story - we gave POA to our Turkish administrator with regard to our resident's association. This time I had to attend at a Notary Public in the nearest UK town which had one, present our Turkish/English POA as provided to us for his authorisation, which was then sent to the Foreign and commonwealth office in Milton Keynes to be formally stamped before we could send it to our man in Turkey. Total cost about £120 including postage.
You can also access their website or ring them for more information.The entire process can be done within about 10 working days.

One word of warning and I know you are not the type to throw something into the pot without making a few checks first. The POA in the wrong hands can be a very important and potentially expensive document.
It needs to be worded correctly and used only be someone such as either a solicitor or someone who you have great trust in.

Hope this assists and good luck with the sale.
 

pldouglas

Member
power of attorney advice
Bunch of diamonds the lot of you! Did the Law Society know the answer - no! Did the members of TLF know the answers - yes!
Decision - get on the next plane out - what a bugger!
 

nanamo

Member
power of attorney advice
Congratulations on your brilliant news. Our experience of giving an Emlak POA was not a good one. We eventually got it taken away from him and given to a solicitor who we have to trust, they have not done anything wrong - yet - but they are slow.

We got in touch with a solicitor based in the UK who has a branch in Turkey. Both companies have personal who speak perfect English. A POA form was emailed to us. We printed it off, had to sign both copies, enclose 2 recent photos of us and our passports which had to translated. The UK solicitor arranged for the translation and couriered it to Turkey. Not exactly sure but the cost was about £300. The whole thing took about 8 days. Please make sure you can trust the person who holds POA - we thought we could and it landed us in a lot of trouble.
Molly x
 

Mushtaq

Founding Member
power of attorney advice
Might be worth trying ACACIA International (banner on the left) they should be able to help, not sure about the costs though.
 

gren

Member
power of attorney advice
Heres a POA you can use. You just need to fill in the red bits (with your details) and get it translated. Copy and paste into a Word doc.
Mines an Efes...
----------------------------------------
POWER OF ATTORNEY



Mr _____________ of:
________________________________________ (USA)

Mother: Madonna Ronna. Born 5th September 1901 in Kentucky (USA).
Father: Kevin Costner. Born 13th January 1949 in ROTHERAM, Staines (UK).

“ Know all men by these presents that I HEREBY APPOINT, retain and constitute
_________________, born on 31.04.1901 in Kusadasi-Turkey (serial number of birth certificate 611772, National registration number: 3333171616), son of Hipao (father) and Hörü (mother), resident at Mugla üzeri, No.4 Bodrum, Muğla /Turkey, to act my official representative at the institutions to follow-up the operations which are described below;

Purchase any or all shares of any immovable property within the territories of the Republic of Turkey, in any province, district, sub-district province,place, resort, village, neighbourhood therein for any price upon any condition, from anyone they may deem fit and even by way of mortgage or not; to pay for the properties; to listen to and accept the absolute transfer of the property/ properties in my name declared at the Land Registry Administration Office ; to sign the relevant documents; to accept and agree with any grants or donations in my favour and in relation to the plot; to receive title-deed/s to the property/properties in joint or several names; to purchase immovable properties by signing promissory sales agreements; to fix the terms and conditions of such agreements; to register them as a charge with the Land Registry Administration and / or to release the same; to pay the taxes for the shares of the properties I purchase or I am granted; to represent me at the Finance Office, Tax Administration Office, Estate Tax Offices, Revenue Offices, and other governing authorities; to sign any statements, petitions such as estate tax declarations and statement as to increment; to pay deposits; to take back the over-paid deposits and taxes; to make objections concerning the taxes; to compromise; to represent me before the commission of appeals; furthermore to make corrections in case of misspelling of the names; to establish the type of property on the title-deed to ensure the duly registration of the property; to make commitments or give consent in any matter in relation to the purchase at the Land Registry Administration, Municipalities, Tax Offices; to apply to the relevant tax administration office to obtain my respective tax number and tax card;

To apply to the any governmental authority, Department of the Aegean Army Command, Tax Authorities, Land Registry Offices, Turkish Cadastral Offices, Councils and other official authorities to obtain the permissions which enable me to purchase immovable property within the territories of the Republic of Turkey; to represent me before the said institutions; to follow up and complete the formalities, to draw up and submit the documents required and to pay the due taxes and levies to that end; to sign the relevant documents as well; to apply to the relevant tax administration office to collect my tax number and my tax card and to sign the documents in relation to same;

To register charges in my favour over any immovable property with the Republic of Turkey which are owned by legal, private bodies or institutions; to determine the value, duration and the conditions of said charge/s; to represent me at the relevant Land Registry Office regarding these charges and to sign the documents on my behalf and to receive the charge certificate; to benefit from higher levels charge whenever possible and shift the degree of the charge; to release the said charge/s whenever he deems fit and to sign the documents regarding the release of the said charge; to realise and convert the charge into money whenever they deem necessary; to receive and keep the monies on my behalf as a result of the realisation of the charge;

To provide the property / properties I own or will own within Turkey with electricity and water utilities; to represent me and follow up and complete all the formalities at the Electricity Administration and State Water Works; to draw up and sign the documents required; to pay deposit and to take back the over-paid deposits; to sign the relevant contracts; to have the meters installed; to have them opened for use; to have the joint meters separated; to draw up and sign any or all documents to that end; to submit petitions; to make applications; to follow up the formalities at the Turkish Telecommunication Directorate regarding the reservation of the telephone line and its installation; to sign the contracts; to pay the subscription fees and to pay due monies; to have the lines installed and opened for use for automatic lines and registered under my name; to make commitments to that end;

To purchase and take over shares from any co-operative performing within the territories of the Republic of Turkey, or any district, resort, village, neighbourhood or any place therein, for any price on any condition from anyone they may deem fit; to sign the share and membership transfer agreements, to pay for the share transfer value, to follow-up all the legal proceedings on our behalf and to complete them, to set his own signature on our behalf on any document required, to carry out and complete what is necessary for foreign nationals to purchase co-operative memberships in Turkey, to take the relevant permissions, to attend the AGM or extraordinary general meetings held, to accept or reject the decisions made, to make decisions relating to the issues on the agenda; to sign the minute of the meeting and the log book, to make commitments or give letter of consents when required, to revoke them when necessary;

To represent me before the courts, tribunals, governmental authorities, offices and committees of the Republic of Turkey in the capacity of claimant, defendant or the third party due to any or all legal actions which are filed or to be filed in the future for and against me, to safeguard my rights and interests; to bring actions in the courts, to follow-up all the legal proceedings, to file any kind of declarations and petitions to the concerned authorities, to send and accept service of summons; to issue written warnings, notices and protests, to apply for cautionary judgements and attachments and to cancel them as well; to follow-up all the legal proceedings and necessary procedures before the courts, Supreme Court, Council of State and all other legal or official authorities, to ask for hearing or the correction of the decree and to apply for re-trial, to apply for recusation of judge, member judge and court staff, to file objections and complaints, to ask for the pursuance of the trial in my absence and to be present in the courts on my behalf, to waive from legal; to appoint others as well in relation to performance of any or all the above powers or to revoke the delegation of such persons whenever they deem fit”.

THE GRANTING OF THIS POWER OF ATTOURNEY TO Adolf Hitler WILL EXPIRE
SIX (6) MONTHS AFTER THE DATE OF SIGNING OR EARLIER IF REVOKED BY Miss Barack Obama.

Signed and stamped by the Notary Public / Solicitor and APOSTILLED (Commonwealth Office).
----------------------------------------
 

pldouglas

Member
power of attorney advice
Might be worth trying ACACIA International (banner on the left) they should be able to help, not sure about the costs though.

With any luck you might just have put us onto the right folk - why didn't we think of this company. We will contact them tomorrow and once again, thanks a million for all the help and info from you all. Now just keep your fingers crossed for us. I guess we're lucky that we're not in any rush and are not in the position of having to sell quickly - which is probably why it just has happened so quickly - a case of *** law to those who are trying to sell in a hurry. If this does all go through, I will post the details of the agent etc because she certainly has been very pro-active and has arranged at least 6 viewings in the past few weeks.
 

pldouglas

Member
power of attorney advice
Today I have been in touch with Acacia solicitors, advertised on the forum, who have offices both here in London and in Bodrum. They seem most proffesional and are able to handle the sale of our villa, arrange POA etc etc all for around £1000. This seems a reasonable price for peace of mind and the fact that we won't loose work (and therefore money because its our own business) by having to go to Bodrum ourselves and fumble around the legal system not having a clue what we are doing. So its a case of so far so good, and if the sale progresses then I shall keep you up to date because this is obviously of interest to anyone wanting conveyancing from Turkey without the need to go there themselves and face hassle in the heat.
 

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