Seller power of attorney: checks before the CPCV

When the seller does not sign in person, the power of attorney stops being an administrative detail. It is the document that says who may promise to sell, sell, receive money, sign documents and represent the owner before the notary, Casa Pronta, the bank or the land registry.

Why a power of attorney changes the purchase risk

A power of attorney gives representative powers to another person. In a home purchase, that means someone may be acting on behalf of the owner. The buyer risk is simple: signing or paying based on a representative who lacks sufficient powers, has expired or revoked powers, acts outside the document limits or cannot receive money.

That does not make the deal suspicious by itself. Sellers may live abroad, be elderly, be unavailable, be heirs represented by relatives or use a lawyer or solicitor. The problem starts when listing pressure replaces formal verification.

What should be clear in the powers

Read the power of attorney with the professional preparing the act. A buyer does not need to do the legal review alone, but should know what to request before moving forward.

Some broad-looking powers do not solve everything. Selling a home, signing a promise, receiving a deposit, accepting buyer mortgage conditions and handling registry steps are different acts. If the document is not clear, ask for validation before negotiating the deposit amount.

Registration and online consultation

Powers of attorney needed for the purchase, sale or registration of property can be registered and consulted online. In some cases linked to changing the property holder, such as irrevocable powers, sub-delegations, amendments and extinctions, registration is mandatory. In other cases it may be optional, but consultation is still useful to confirm that the document exists and is the right one.

Do not accept only a partial photo sent by message. The professional preparing the CPCV or completion should see the full document, required attachments and any consultation codes.

If the power of attorney comes from abroad

When the owner is outside Portugal, the power of attorney may have been made at a consulate, before a foreign notary or under another local format. Here the calendar is often the biggest issue: translation, certification, apostille, legalization or acceptance by the bank and completion professional can take time.

As a rule, foreign-language documents should be accompanied by a certified Portuguese translation, unless the competent authority waives that requirement. Even where a waiver is possible, do not rely on it for a tight timeline without confirming first.

How to protect this in the CPCV

If the CPCV is signed by an attorney, the contract should identify the capacity in which that person signs and refer to the power of attorney used. It should also avoid trapping the buyer in impossible deadlines if the power is not accepted for completion.

Use simple conditions: delivery of the full copy before the deposit, professional validation, confirmation of powers for completion and deposit refund if the seller cannot prove sufficient representation within the agreed deadline. If the deposit is paid to the attorney, confirm expressly that the power authorizes that person to receive those funds.

Before completion, confirm again

On the day of completion, Casa Pronta or DPA, the document matters again. The instrument should reflect the representation and mention the documents justifying the attorney capacity. If there is a mortgage, the bank may also want to review the sequence before releasing funds.

Do the final check a few days before: updated land registry certificate, final accepted power of attorney, identity of who signs, IBAN or payment destination and documents to be archived or deposited. If a different power of attorney appears from the one reviewed, treat it as a new document.

Next step

Ask for the full power of attorney before negotiating the deposit. Send it to the lawyer, solicitor, notary, Casa Pronta desk or bank involved and ask one direct question: can this person sign and receive exactly what the CPCV says?