Conveyancing

Questions about selling property
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Pollyanna
Posts: 3
Joined: 20 Jan 2020 00:48

Conveyancing

Post by Pollyanna » 20 Jan 2020 01:40

I wondered if anyone could help me with some questions I have about the sale of our property. We accepted a good offer and signed a reservation agreement with the estate agents to be completed by middle March.
Sadly none of the lawyers in the area come recommended, so the estate agents (they have a good reputation) dealing with the sale have an ‘in house conveyancer’ who we agreed to use as we are not in Cyprus and they said it was quicker and easier. I’ve realised now that the conveyancer is not a lawyer.....is this normal practice? Can anyone be a conveyancer and deal with the legal side?
It also seems the Cypriot buyer is using someone from the same estate agents as a conveyancer to deal with the purchase....is this a conflict of interests?
We’ve now been asked to sign and get witnessed a Power of Attorney for the conveyancer to act on our behalf. As I don’t really understand the jargon am I wrong to do this? Will they have control of our money and could we have problems getting it?
I’m now so confused and it seems to be very quick if it’s done by middle March.
Oh and although we don’t have title deeds it hasn’t put the buyer off.
I would welcome any help thank you.



Nigel Howarth
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Re: Conveyancing

Post by Nigel Howarth » 20 Jan 2020 13:54

Hi Pollyanna

It is extremely unwise to use the same lawyer/conveyancer as the purchaser!!

If you look at my check-list, the first thing it says is:

•Find your own independent lawyer (i.e. a lawyer who is not connected with anyone else involved in the transaction)
•Ensure that the lawyer is registered with the Cyprus Bar Association
•Ensure that the lawyer has professional indemnity insurance
•Agree fees in advance with your lawyer


I suggest you get in touch with one of the lawyers on the list provided by the UK Foreign & Commonwealth Office. It doesn't matter that they're not local to you.

If you cannot be in Cyprus to handle the sale yourself, you will need to appoint someone as your Power of Attorney to act on your behalf.

And you shouldn't sign anything you don't fully understand.

Regards,


Nigel Howarth
Independent information & advice for Cyprus property buyers
Contact Nigel Howarth
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Pollyanna
Posts: 3
Joined: 20 Jan 2020 00:48

Re: Conveyancing

Post by Pollyanna » 20 Jan 2020 22:15

Thank you Nigel for your reply which was very helpful.

I have also realised that on reading the Power of Attorney form closely that was sent to us, that the ‘in house conveyancer’ has named two others on it besides himself. One of the named is his daughter who is acting as our buyer’s conveyancer.

Surely this is totally wrong.....and unethical....

I’ve taken your advice and have contacted one of the lawyers on the list you provided.

Lynda



Nigel Howarth
Site Admin
Posts: 2483
Joined: 24 Oct 2007 14:38
Location: Erimi, Limassol, Cyprus
Contact:

Re: Conveyancing

Post by Nigel Howarth » 21 Jan 2020 14:10

Hi Lynda

It is usual that a PoA can be assigned to more than one person. E.g. When you appoint a lawyer as your PoA anyone in the law firm can act on your behalf depending on how the PoA document is worded.

Regards,


Nigel Howarth
Independent information & advice for Cyprus property buyers
Contact Nigel Howarth
Read the latest Cyprus property news

Pollyanna
Posts: 3
Joined: 20 Jan 2020 00:48

Re: Conveyancing

Post by Pollyanna » 21 Jan 2020 16:26

Hello Nigel

Yes, I understand that anyone in the law firm can act on our behalf but I was not comfortable that the buyers solicitor who is from the same firm was named as one of our POA.
I’ve never heard of that before and it would never happen in the U.K. The buyers solicitor is not going to be acting in our interests.
Ah well....this is Cyprus

Many thanks
Lynda



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