In view of the amount of investments made by expats in the Emirate of Dubai, the use of attorney's property power has become a practice for the management and/or sale/purchase of Dubai properties. A number of overseas investors depend on this document as the main document for the management and disposal of their investments. The Dubai Land Department and RERA stress the fact that the power of attorney should be carefully drawn up in order to ensure the specific essence of the powers to be delegated to the attorney/agent by the principal. If in this special power of attorney any ambiguous language is used, the power of attorney can at the time of use be refused by the competent authority. In order for you to prepare and finalize your property power of attorney in Dubai Developers, you must also carefully consider the following points:
As per the title deed, the property particulars should be specified in the power of attorney. The attorney's property power should be prepared to list the particular powers you want your attorney/agent to be provided with. These powers can include authority from time to time to manage and lease the land. You would need to list this power in clear terms in the power of attorney if you want to sell your property through your attorney/agent. Once you have finalized and accepted the draft in English, the Arabic translation must be carried out by legal translators accredited by the Ministry of Justice of the UAE. You need to get 3 originals of the attorney's authority printed and signed in the presence of the notary public until this process is completed.
The Dubai Land Department recognizes a power of attorney that is less than two years for all transactions to be done by the attorney/agent with respect to the property protected by the power of attorney on the date of writing of this post. Therefore, if the power of attorney has expired, you should always ensure that you should renew the power of attorney given in order for your attorney/agent to exercise the powers provided in the power of attorney effectively.
If the attorney's authority is issued in another country outside the UAE, it is mandatory that you complete the legalization process in both the home country and the UAE and have the attorney's authority translated into Arabic and stamped by the UAE Ministry of Justice before your attorney/agent submits it for use.
It is also a legal condition on the date of writing this post that your attorney/agent is a UAE citizen and has a UAE Visa stamped on his passport. The attorney/agent can find it difficult to conclude any ejari or rental contract with the development authorities without fulfilling this requirement.
If you wish to move your property to your blood relative or spouse in compliance with the property department's appropriate procedure, you must have clear language in the attorney's power to specify that the attorney/agent would have the authority to transfer the property as a gift (hiba). The land department is unlikely to recognize the power of attorney for the plan of granting the property as a gift in the absence of these particular terms.
It is also necessary to remember that any defects resulting from the lease or selling of the property in its own name would not be recognized by your attorney/agent. As a result of the use of the power of attorney, the Dubai Land Department guarantees that no fraudulent transaction happens. Therefore, all payments to be made for Property Developers in Dubai by the use of the attorney's power are allowed to be made only in the name of the principal.