How to use a SPA to sell property through a representative
Use a SPA to appoint a representative to sell property on your behalf
1. What is a Special Power of Attorney to Sell?
A Special Power of Attorney to Sell allows a person (the “agent”) to sell property on another person’s behalf (the “principal”).
2. When do you need a Special Power of Attorney to Sell?
A Special Power of Attorney to Sell is necessary if you wish to appoint another person to sell property on your behalf. This is normally executed when the principal is unable to sell the property on his own, and will need an agent to act on his behalf (e.g. the principal is abroad).
3. How can a Special Power of Attorney to Sell benefit you?
A Special Power of Attorney to Sell serves as written proof of the agent's authority to sell property on the principal’s behalf. Interested buyers will be cautious in buying property from a person who is not the registered owner without proof that the agent is authorized to act on the owner’s behalf.
The Special Power of Attorney to Sell also serves as proof that the purchase price, once the property is sold, belongs to the principal and not the agent.
4. What is the difference between a Special Power of Attorney to Sell and a General Power of Attorney?
Both powers of attorney are used to appoint an agent to act on the principal’s behalf. However, they are different in terms of the powers granted. A General Power of Attorney is used to grant the agent general powers to handle the principal’s affairs. On the other hand, a Special Power of Attorney to Sell is used specifically to grant the agent the power to sell property on the principal’s behalf.
5. What information do you need to create a Special Power of Attorney to Sell?
To create your Special Power of Attorney to Sell, you’ll need the following information:
- The type of principal (e.g. individual or business) as well as name and details (e.g. nationality and address);
- The type of agent (e.g. individual or business) as well as name and details (e.g. nationality and address); and
- Description of the property to be sold.
6. How much is the document?
The document costs PhP 400 for a one-time purchase. Once purchased, you have unlimited use and revisions of this document.
You can also avail of Premium subscription at PhP 1,000.00 and get (a) unlimited use of our library of documents, from affidavits to contracts; and (b) unlimited use of our “Ask an Attorney” service which lets you consult a lawyer for any legal concern you have.
