Real estate transaction parties

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

Real estate transaction parties

Property laws and terms:

The parties to the transaction are whom which the property or properties to be traded and the items to be paid, as well as the time and limits of the authorities and duties of each of the parties, are agreed and have done or dealt between them.

 

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

The parties to the transaction can be one of the following natural person:

1. The owner

In case of the presence of natural 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 the absence of any of the parties to the transaction, a person or persons as a lawyer or legal lawyers of the owner or owners can proceed and carry out the authorized real estate transaction registered in the power of attorney by having the identity documents of the lawyer and with the official power of attorney from the owner as her official representative.

The method of querying the authenticity and originality 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 Real estate documents Registration Organization at www.ssaa.ir and referring to the following menu 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 of notary public offices.

 

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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, If 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 acknowledgment.

What is 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 lawyer can delegate his power of attorney differently.

Question: Does the Delegation of power of attorney document meet all the conditions of ownership?

Answer: When making any transaction, all tips of the delegation power of attorney document should be checked; Because it is possible that in the delegation document, some of the powers or authority of the main lawyer have been taken away from the second lawyer, but the first lawyer cannot delegate powers outside of the initial authority or power of attorney to the second lawyer.

 

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3. Natural guardian

A natural guardian or successor is considered to be the same father or paternal ancestor 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 allowed successor.

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

Answer: The mother of a minor or underage child cannot buy and sell real estate or property of a minor child with a guardian order (unless he or she has a legal guardianship approved by the court).

 Guardian order is issued only for guardianship and maintenance of a minor child.

4. Legal guardian

Who is the guardian or protector?

According to the law, a guardian 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 or her own property.

 

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What people need a guardian?

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

1-4. People under the age of 18 (called minors or underage according to the law) who do not have a legal guardian (father and none of the paternal ancestors are alive).

2-4. Insanity and non-adolescent whose insanity is connected to the age of minor; This means that a person's insanity may be legally proven, but according to the judgment or recognition  of the competent authorities, this person may be able to take control of his property after reaching the legal age.

3-4. People who are generally recognized by the legal authorities to be insane or non- adolescent, in which case, according to the competent authorities, the person (even if he is of legal age) does not have the authority to control his property and needs a guardian to carry out transactions.

Question: Is it possible to buy and sell the property of a person who needs a guardian only by holding or having a guardianship letter?

Answer: Any lease/rent or sale of all immovable property of an incapable or minor must be with the permission of the court.

Question: Is the guardian allowed to rent or buy the property of the person who is in charge of his or her guardianship?

Answer: The guardian is not allowed to rent or buy any of the property even if he or she has the guardianship and the court's permission to transfer the property or the property of the incapable and underage.

 

 

5. Executor

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

 

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

Answer: Although the will or testament is official, it must first be executed and approved by the court so that the legal executor is recognized and authorized to deal with the bequeathed property.

6. Company 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 by having the official stamp 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.

Question: 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, having all the relevant documents?

Answer: If there are two or more people who have the right to sign the company or organization within the articles of association, none of them is allowed to deal with the company's property or assets individually (even if they have all the required documents).

However, one of the holders of the right to sign, having all the required documents and also having an 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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ShishDong platform manager: Saleh Ghasemi Naraghi