EPISODE 14

Welcome back to The Conveyance Desk.In Episode 13, we covered buyer-side mortgage transactions. Today, we're looking at a critical part of many property transfers: the Power of Attorney (POA).This episode explains when a POA is required, what makes it compliant, common reasons for rejection, and how foreign-executed POAs are legalised for use in Dubai property transactions.When Is a POA Needed?A POA is required whenever a buyer or seller cannot personally attend the trustee office and wishes another person to act on their behalf.Common situations include:Overseas buyers or sellersParties unable to attend on transfer dayFamily members acting for relativesCorporate entities acting through authorised representativesIf the principal attends and signs personally, a POA is not required.What Makes a Property POA Compliant?For Dubai property transactions, the POA must clearly identify:The principal and attorneyThe property being transferredThe specific powers grantedRelevant identification detailsGeneric wording such as "real estate matters" or "general representation" is often insufficient. Property-specific authority is typically required for trustee office acceptance.Notarisation MattersA UAE-executed POA must be notarised before it can be used.Notarisation confirms identity and execution of the document, but it does not guarantee that the wording satisfies property transfer requirements.Many POAs are successfully notarised but later rejected because the drafting does not meet current transfer requirements.Foreign-Executed POAsWhere the principal is overseas, the POA must be executed in the country of residence and then legalised for use in the UAE.The process generally involves:Local notarisationForeign ministry attestationUAE embassy or consulate legalisationUAE Ministry of Foreign Affairs attestationCertified Arabic translation where requiredMissing any stage can result in rejection.Common Reasons for RejectionProperty transfer POAs are frequently rejected because of:Generic or incomplete authorityIncorrect property detailsExpired identification documentsIncomplete legalisation chainsExpired validity periodsRevoked POAsNon-compliance with current verification requirementsMost of these issues can be identified through a review before transfer day.Timing ConsiderationsForeign POAs often take several weeks to complete through the full legalisation process.Buyers and sellers relying on overseas documentation should start preparations well in advance to avoid delaying the transaction.Cancelling a POAA principal may revoke a POA at any time through a formal notarised cancellation process.The revocation prevents future use of the POA but does not automatically reverse transactions already completed using the authority.Key TakeawayMost POA-related transfer delays arise from outdated templates, incomplete legalisation, or insufficient drafting.A property-specific POA prepared to meet current transfer requirements is far more likely to be accepted without delay, helping the transaction proceed smoothly from signing through registration.In the next episode, we'll explore off-plan resales, assignment transactions, developer NOCs, and how Oqood transfers differ from standard property transfers.