Buying Apartment - Seller Not in Lima

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gringomisio
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Buying Apartment - Seller Not in Lima

Postby gringomisio » Sun Sep 03, 2017 1:29 pm

Hello All,

I searched the forum for my particular scenario and couldn't find any info. My wife and I are apartment searching and have closed in on some options. One we've found is owned by a guy living in China who apparently has a Power of Attorney here in Peru that is acting on his behalf for potential buyers. Of course, we're wanting to be sure we're protecting ourselves so that his representative in Peru is truly able to act on his behalf if we were to put in an offer.

We were told this by a real estate agent so she's been direct about this. My questions are -- Has anyone had experience buying a property from someone living outside of Peru who had a Power of Attorney? What specific things should we be asking for (certified copy of Power of Attorney, etc.)?

We also plan to have a lawyer take a look over all paperwork before making an offer and have a recommendation for lawyers. Thanks for any direction and experience anyone can provide.

-Brian


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Re: Buying Apartment - Seller Not in Lima

Postby DC_20833 » Sat Oct 21, 2017 8:36 am

There should be a notarized Power of Attorney specifically giving the person in Peru the power to sell the apartment. Your attorney and a notary should check this carefully.
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fanning
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Re: Buying Apartment - Seller Not in Lima

Postby fanning » Sat Oct 21, 2017 7:10 pm

No, for selling a house it should be registered in registros publicos ( Sunarp ) Ask for the 'partida electronica' and get a copy (copia literal) of it yourself in Sunarp. That would be the safest way assuring no document was forged. ( And will only cost you like S/20 orso)
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Re: Buying Apartment - Seller Not in Lima

Postby DC_20833 » Sun Oct 22, 2017 4:22 am

fanning wrote:No, for selling a house it should be registered in registros publicos ( Sunarp ) Ask for the 'partida electronica' and get a copy (copia literal) of it yourself in Sunarp. That would be the safest way assuring no document was forged. ( And will only cost you like S/20 orso)


I looked at some documents for two properties I was involved in where the owner was not in Peru and had someone else signing the documents. You are correct, there was a cover letter from my attorney explaining this on both transactions.
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Re: Buying Apartment - Seller Not in Lima

Postby Cactus fan » Sun Oct 22, 2017 3:32 pm

Last year, I sold my house.

As I couldn't be in Peru to sign the paperwork at la Notaria, an agency inmobiliaria did it on my behalf.

Before getting the poder from the notaria, I needed to go migraciones to get a ''permisso para firmer contratos''.

I strongly advice that before going ahead with the transaction that you get a copy of el titulo at los registeros publicos and get them to block it to avoid that someone let's say 5 minutes after you get the titulo sells the property as well.

The poder must also be registered at SUNARP.

You must also asked the person who sells you the property on behalf of the seller to see a copy of the passport of the seller and ''permisso para firmar contratos''.

As in your case, the seller is Chinese, he must have had a visa issued by the Peruvian consulate in China in order to travel to Peru. Check if the dates of the visa, entry and exit stamps of Digemin and the date on the permisso para firmar contratos are correct.

Also check that all the arbitrios, water and electricity bills are paid and that there's no MORTGAGE on the property.

If in doubt, pull out and look for another house. Don't take any risks. There are enough properties for sale.
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Alan
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Re: Buying Apartment - Seller Not in Lima

Postby Alan » Sun Oct 22, 2017 6:29 pm

Cactus fan wrote:
If in doubt, pull out and look for another house. Don't take any risks. There are enough properties for sale.


Really great advice from Cactus fan. And just to double-up on his last comment... it is a buyers market right now. There is a lot of offer in the market, most with much less risk and hassle than what the OP has detailed. Good luck.
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Re: Buying Apartment - Seller Not in Lima

Postby gringomisio » Fri Nov 17, 2017 8:31 pm

Thank you all for the advice on this! My wife and I ended up finding a situation that was a bit less tricky and didn't seem to be as fraught with problems. We just met the owners of another spot in Miraflroes and signed a "Contrato de Arras" and all looks like it's moving moving smoothly so far. Ideally we'll have the keys here in about 10 days by the end of the 15 day in between period.

Thanks again!

-Brian

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