The parties to the transaction are the persons that the property or properties to be traded and authorities and duties of each party are agreed upon and interacted with. These transaction parties are known as buyer and seller or owner in sales contracts and as tenant and lessor or owner in rental contracts and as builder and owner in partnership in construction contracts.

Parties to real estate transactions

 

The parties to the transaction are the persons that the property or properties to be traded and authorities and duties of each party are agreed upon and interacted with.

These transaction parties are known as buyer and seller or owner in sales contracts and as tenant and lessor or owner in rental contracts and as builder and owner in partnership in construction contracts.

 

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The parties to the transaction can be one of the following real persons:

1. Owner

In case of the presence of real persons of both parties of the transaction, the transaction is done with the authentication of the parties of the transaction as well as the authentication of the identity and ownership of the transaction.

 2. Lawyer

In case of non-attendance of any of the parties to the transaction, a person or persons as a lawyer or legal lawyers of the owner or owners, lawyer with her identity documents and official power of attorney from the court as official representative to owner, conducts the authorized real estate transaction that is registered in the power of attorney.

 

Method of inquiring about the authenticity of the power of attorney

You can check the authenticity of the power of attorney and its exact expiration date by entering the website of the country's Land and Deed Registration Organization at www.ssaa.ir and after entering the number of the power of attorney document and the confirmation code inserted at the top of the power of attorney.

Electronic services menu → Registration inquiries → Confirmation of the authenticity of documents and papers of notary offices

 

How to renew an expired power of attorney?

If the validity date of the power of attorney is stated at the top of the first page of the power of attorney, in case the date of the power of attorney expires, a new power of attorney must be issued by the notary office in the presence of the client and the lawyer but if the validity date is written in the text of the power of attorney, it can be extended with an affidavit.

 

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What is a delegation of power of attorney document?

A person who is recognized as a lawyer by the owner can delegate his power of attorney completely or conditionally to another person and they will be recognized as another lawyer by the lawyer, delegation of power of attorney has no limit on the number of people and each of the lawyers can act in order to the delegation of their power of attorney.

 

Does the power of attorney document meet all the conditions of ownership?

When making any transaction, all clauses of the power of attorney document should be checked because it is possible that in the delegation document, part of the powers of the main lawyer have been taken away from the second lawyer but the first lawyer cannot delegate powers outside of the initial power of attorney to the second lawyer.

 

Forced guardian

Forced guardian is considered to be the same father or paternal grandfather of a child who is under the legal age which is called a minor child in the law.

In case of the death of a father or a paternal grandfather, a person who has been introduced by the judiciary as the guardian of a child or children is authorized to conduct transactions as a guardian.

 

Does a woman who has a minor child or minor children and her husband and father are not alive, allowed to deal with the property of her minor child with a legal custody order?

The mother of a minor child cannot buy and sell real estate or property of a minor child with a custody order (unless she has a legal guardianship approved by the court). Custody order is issued only for guardianship and keeping of a minor child.

 

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Legal ProtectorWho is the protector?

According to the law, a protector is a person who on behalf of the law and with an official letter of guardianship issued by the judiciary takes charge of the property of a person who does not have the authority to control his own property.

 

 

 

Who need a protector?

Article 1218 of the Civil Code specifies three categories of protectors:

1. People under the age of 18 (called minors according to the law) who do not have a legal protector (father and none of the paternal ancestors are alive)

2. Insanity and non-adolescent whose insanity is connected to the age of minor, it means that it is possible a person's insanity is legally proven but according to the judgment of competent authorities, this person may be able to take control of his property after reaching the legal age.

3. People who are generally known by legal authorities to be insane or non-adolescent. In this case, according to the competent authorities, a person (even if he is of legal age) does not have the authority to control his property and needs a protector to carry out transactions.

 

Is it possible to buy and sell the property of a person who needs a protector only by holding a protection letter?

Any lease or sale of all immovable property of a minor or incapable must be with the permission of the court.

 

Is the protector allowed to rent or buy the property of the person who is in charge of his protection?

The protector is not allowed to rent or buy any of the property even if he has the protection and the court's permission to transfer the property of the minor.

 

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Executor

The executor is a person who according to the official will, receive a part of the deceased person's property (which the deceased person was allowed to bequeath during his lifetime).

 

Is it possible for the executor to buy and sell or carry out any other transaction of the bequeathed property only with the?

Despite the will is official, it must first be validated and approved by the court so that the legal executor is recognized and authorized to deal with the bequeathed property.

 

 

Company or institution representative

A person whose name is registered in the official articles of association of the company as the holder of the right to sign, is recognized as the official and legal representative of the company and can carry the official seal of the company as well as the articles of association and the official newspaper (the date of which is less than 2 years from the date of holding assembly) as well as a letter of introduction from the relevant company, to carry out any real estate transaction from the relevant company.

 

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If the names of two people are registered as signatories in the company's official articles of association, is one of them allowed to deal with the company's properties individually while having all the relevant documents?

If the signatories of the company or institution within the statute are two or more people, none of them is allowed to trade real estate or company property individually (even with all the required documents). However one of the holders of the right to sign, with having all the required documents and official power of attorney from another person or persons, who have the right to sign, jointly can proceed with the transaction of real estate or company property.

 

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 translator: Mr saman sayah