EPISODE 08

Welcome back to The Conveyance Desk.In this episode, we're looking at overseas buyers and sellers, and how a property transfer can proceed when a party is not physically present in the UAE.The Key RuleFor a Dubai property transfer, a party must either:Attend the trustee office in person, orBe represented by a valid Power of Attorney (POA)There is no remote signing or digital substitute for attendance on transfer day.Why POAs MatterMany people assume a POA is a simple document. In reality, property transaction POAs often require notarisation, legalisation, attestation, Arabic translation, and specific wording to be accepted for use in the UAE.Missing a step can delay or prevent the transfer.Two Common Scenarios1. Party is in the UAE but unavailableA UAE-notarised POA is usually sufficient and can often be completed quickly.2. Party is outside the UAEThe POA must be issued in the country of residence and then completed through the required legalisation and attestation process before it can be used in the UAE.This process can take weeks depending on the country involved.Common ProblemsDelays often occur because:The POA is too genericRequired powers are missingThe attestation chain is incompleteThe Arabic translation contains errorsThe POA has expiredIn many cases, correcting these issues means restarting the process entirely.The Importance of Proper DraftingA property POA should clearly authorise the attorney to perform specific tasks, such as:Signing transfer documentsHandling trustee office proceduresManaging developer NOCsReceiving title deedsDealing with mortgage-related requirementsIf essential powers are missing, the transaction may not proceed.Start EarlyOne of the most common mistakes is beginning the POA process too late.International legalisation and attestation can take several weeks, so the process should begin as soon as it becomes clear that a buyer or seller will not be present in the UAE.Key TakeawayA properly drafted and correctly attested POA is the legal substitute for a party's presence during a property transfer.For overseas owners and buyers, getting the POA right early can prevent costly delays and keep the transaction on track.In the next episode, we'll look at joint ownership transactions and how multiple buyers or sellers affect the transfer process.