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Hello, the power of attorney has expired, then your parents cannot go to the real estate department to get the real estate certificate instead of you, because your power of attorney has expired, you can send your ID card home and ask your parents to help you get it.
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If the power of attorney expires, it should not be, all the procedures of the real estate bureau need to be handled in person, if you need to entrust, the power of attorney must be within the time limit.
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Parents can get the real estate certificate, as long as the real estate certificate is done, he can get it, but he can't apply for the real estate certificate or anything like that.
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Hello. For notarization of power of attorney, you need to provide copies of the ID cards of both parties, power of attorney (indicating the authorization matters, signed by both parties), fill in the notarization application form (explain the notarization matters) and sign it! The notary fee is charged per piece, generally around a few hundred yuan, and the above may vary from place to place!
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Although the power of attorney has expired and I am not at home, my parents can take the household registration book and ID card to the real estate department to get the real estate certificate. (Bring an expired power of attorney, or you redraft a power of attorney).
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If your power of attorney has expired, it will be scrapped. No one can take you to the property department to get the title deed. Only in person is allowed.
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If you are not at home, you can entrust your parents to get the real estate certificate instead, but you have to provide proof.
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If the power of attorney expires and I am not at home, my parents cannot go to the real estate department to get the real estate certificate instead, because the power of attorney expires, and there is no legal benefit.
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It is okay to get the real estate certificate, as long as you hold the power of attorney, even if it expires, as long as you talk to the person at the counter, you can generally get it.
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If the power of attorney expires and you are not at home, your parents will not be able to go to the real estate department on your behalf unless you sign the power of attorney again.
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Legal analysis: Yes, China's law does not stipulate that the real estate certificate must be handled in person, if the cover is large and I have no time, you can issue a power of attorney to entrust others to handle it. The client shall bear civil liability for the matters related to the ownership of the house handled by the donor in accordance with the regulations.
Go to the local district or city notary office to handle a notary of entrustment for about 300 yuan. The notary office will provide the format text with a roll, and select the entrustment and the validity period of the entrustment on the text.
Legal basis: Article 165 of the Civil Code of the People's Republic of China: Where the authorization is in writing, the power of attorney shall indicate the name of the person, the matter, the authority and the time limit, and be signed or sealed by the person being the recipient.
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Can I entrust someone else to apply for the real estate certificate, can I entrust someone else to handle the real estate certificate. In order to save your time and energy, you can choose to entrust a developer or ** company to handle the real estate certificate. In the case of using bank mortgage loans, some banks force the inclusion of an agreement in the "Housing Mortgage Loan Contract" to "require the developer to assist in the collection of the real estate certificate", in which case the developer or ** company can only be entrusted to handle the real estate certificate.
Even if you entrust the developer or company to handle the real estate certificate, you can still choose whether the developer or the company will collect and pay the deed tax, public maintenance, stamp duty and other taxes on behalf of the developer, or the developer or company will only handle the application procedures for the real estate certificate, and the deed tax and public maintenance and other taxes and fees will be paid by yourself. The process of entrusting others to apply for real estate deeds: Step 1:
Usually there is a clause in the "Purchase Contract" about entrusting the developer to handle the real estate certificate on behalf of the developer, which can be regarded as a separate entrustment agreement. In addition, many developers will require the buyer to sign a separate title deed in addition to the "purchase contract" and agree to give them a power of attorney for deed tax and public repairs** before moving in. Sometimes, the developer will entrust the relevant formalities to a special ** company or lawyer.
At this time, you can also choose that the developer or **company only handles the relevant procedures, and you will pay taxes such as deed tax and public maintenance** by yourself. Step 2: Pay the real estate certificate agency fee, public maintenance**, deed tax, stamp duty, and when you go through the procedures for receiving the house and moving in, the developer will often ask you to pay these fees.
Step 3: After receiving the real estate certificate at the agreed time, the developer or ** company pays the above taxes and fees, applies for the real estate certificate, and goes through the mortgage registration, you can get the real estate certificate. If the lending bank withholds the title deed and the purchase contract, you must take the opportunity to carefully check the inscription on the title deed and request that it be changed if there is an error.
Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property
Article 12. The parties may entrust another person to apply for the registration of movable property on their behalf. In the case of an application for immovable property registration, the person shall provide the immovable property registration agency with a power of attorney signed or sealed by the person.
Where a natural person disposes of immovable property and entrusts a person to apply for registration, he or she shall go to the real estate registration agency together with the person to sign a power of attorney on the spot, except where the power of attorney is notarized. Where an overseas applicant entrusts another person to handle the registration of the disposal of immovable property, the power of attorney shall be authenticated or notarized in accordance with the relevant provisions of the State.
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The contents of the power of attorney on the real estate certificate are:
Client: XX;
Delegate: XX;
Since I am unable to obtain the real estate certificate in other places, I hereby entrust a certain person to collect the real estate certificate on my behalf, and the legal consequences arising therefrom shall be borne by me, which is hereby proved.
The client's signature is fingerprinted.
Legal basis: Civil Procedure Law of the People's Republic of China Article 59: To entrust another person to litigate on behalf of the people, a power of attorney signed or sealed by the person who entrusted the lawsuit must be submitted to the people's court. The power of attorney must specify the matters and authority of the entrustment.
The litigant must have the special authorization of the client to admit, waive or change the litigation claim, settle the claim, file a counterclaim or appeal on behalf of the client. A power of attorney sent or entrusted by a citizen of the People's Republic of China residing abroad must be certified by the embassy or consulate of the People's Republic of China in that country; If there is no embassy or consulate, the certificate shall be certified by the embassy or consulate of a third country that has diplomatic relations with the People's Republic of China in that country, and then transferred to the embassy or consulate of the People's Republic of China in the third country, or by the local patriotic overseas Chinese organization.
Power of Attorney (Corporate Legal Person).
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