Can’t be present on the day of signing for the sale of your property? A power of attorney for a real estate sale is the practical solution to delegate this key step. Geographical distance, health constraints, or inheritance involving several heirs are all situations where this document becomes essential. In this article, discover the definition of a power of attorney, the different types available, the concrete steps to follow, a practical template, and advice from your Capifrance advisors to secure your transaction.
What is a power of attorney for a real estate transaction?
A power of attorney for a real estate transaction is a legal act by which one person, called the principal, authorizes another person, the agent, to act on their behalf in a property sale. This mechanism is based on Articles 1984 and following of the French Civil Code. In practice, the power of attorney allows the agent to sign documents, negotiate, and represent the principal at every stage of the sale: signing the sales mandate, concluding the preliminary sales agreement, or signing the final deed before the notary. It is particularly useful in cases of geographical distance, health issues, or when several heirs must be represented as part of an inheritance. Any adult with legal capacity can grant or receive a power of attorney. The principal remains responsible for the actions carried out by the agent within the precise limits of the mandate granted. To ensure the legal security of your real estate project, it is essential to clearly define the scope of the powers granted and to choose a trustworthy agent, ideally supported by a professional such as a Capifrance advisor.
Notarized or private power of attorney: which form should you choose?
Two options are available for setting up a real estate power of attorney. Each has its own advantages and limitations.
Notarized power of attorney (authentic deed)
A notarized power of attorney is drafted and signed before a notary. It provides stronger evidential value and is the most legally secure option. This type of power of attorney is mandatory in certain specific cases, particularly for the sale of a property under construction (VEFA) or for signing a lease-to-own agreement. Since the decree of November 20, 2020, remote signing procedures are now possible in most notary offices. You can therefore establish your power of attorney via secure video conferencing, which simplifies the process when you are geographically distant. The notary verifies your identity remotely and drafts the authentic deed in accordance with current regulations.
Private power of attorney (under private signature)
A private power of attorney is drafted on plain paper between the parties, without the involvement of a notary. You can complete it yourself using a template provided by the notary’s office. To ensure its authenticity, you can have your signature certified free of charge at your local town hall by an authorized officer who applies an official stamp. However, this form has important limitations. It offers less legal security than a notarized deed, and some notaries may refuse it for complex transactions or when additional guarantees are required. It remains suitable for simple real estate sales, provided all mandatory information is included. Here is a comparison table to help you choose the most suitable option:
Criteria | Notarized power of attorney | Private power of attorney |
|---|---|---|
Form | Notarial deed signed before a notary | Document freely drafted between parties |
Estimated cost | Around €32.65 excl. VAT + additional fees | Free (signature certification at town hall is free) |
Security level | Maximum evidential value | Limited legal security |
Recommended use cases | VEFA, lease-to-own, mortgage | Simple real estate sale, standard agreement |
How to create a power of attorney for a preliminary agreement or final deed?
Appointing a trusted agent
If you cannot attend the signing of a preliminary sales agreement or a final deed, you must appoint a trusted agent to act on your behalf. This can be a family member, a close friend, or even the notary handling the transaction. Choosing the agent is crucial. Prefer a reliable person who understands the stakes of the sale and will be available on the day of signing. To set up the power of attorney, you must provide valid identification (ID card or passport) as well as precise information about the property concerned. The agent must also present their ID on the day of signing.
Setting up a power of attorney for a preliminary agreement or final deed
The procedure differs slightly depending on whether you are signing a preliminary agreement or the final deed. In both cases, the power of attorney must clearly specify the powers granted to the agent, including the ability to sign, accept the terms of sale, and receive or transfer funds. To establish your power of attorney, first contact the notary in charge of the transaction. They will provide you with a template adapted to your situation, which you must complete carefully. Once completed, sign the document according to the chosen form (notarized or private), then send it to the notary within the required timeframe. If you choose a private power of attorney, remember to have your signature certified at the town hall to ensure its validity.
Template and example of a power of attorney for selling a house
Drafting a power of attorney for a property sale requires including several mandatory elements to ensure its legal validity. The notary ensures that the document is complete and precise to avoid any future disputes. Here are the essential elements to include:
- Full identity of the parties: name, surname, date and place of birth, address of the principal and the agent
- Precise description of the property: full address, cadastral references, main characteristics of the house or apartment
- Exact purpose of the mandate: specify the authorized act (signing of the preliminary agreement, final deed, price negotiation)
- Sale price and payment terms
- Possible conditions precedent: loan approval, diagnostics results, absence of easements
- Validity period of the power of attorney and end date
- Date, place, and signature of the principal, with certification if required
Most notaries provide their own template to complete, tailored to the real estate transaction. Before signing, always check that the document is complete and fully reflects your intentions.
What is the cost of a notary power of attorney and how long is it valid?
When setting up a notarized power of attorney for a real estate sale, the cost is regulated. For a simple notarized power of attorney, expect around €32.65 excl. VAT, excluding any additional fees. This corresponds to the fixed notary fees for drafting and registering the deed. If you choose a private power of attorney, it is completely free, including certification at the town hall. As for validity, it depends directly on what is stated in the document. It is best to specify an end date. Otherwise, it automatically ends once the intended act is completed (for example, signing the preliminary agreement or final deed) or in the event of the death of the principal or the agent. You can also revoke the power of attorney at any time before the notary appointment by notifying both the agent and the notary in writing.
Your Capifrance advisor supports your buying or selling project
Whether you are buying or selling, every real estate transaction involves administrative and legal procedures that can sometimes be complex. The power of attorney is just one element to master in order to secure your project. Calling on a Capifrance advisor means benefiting from personalized support at every stage of your real estate purchase or sale. An expert in their local market, your advisor guides you through setting up the sales mandate, negotiation, and all administrative formalities. Capifrance also offers a free property valuation based on official data and local market expertise. For any questions about power of attorney or to receive support in your process, contact a Capifrance advisor near you today.
Frequently asked questions about power of attorney for real estate sales
For which acts is a notarized power of attorney required?
A notarized power of attorney is mandatory for several formal real estate acts. It is required for the sale of a property under construction (VEFA), lease-to-own agreements, or when the buyer takes out a mortgage loan. This requirement ensures maximum legal security and facilitates registration with the land registry. Your notary will always inform you if your situation requires a notarized deed rather than a private one.
How to create a power of attorney if you cannot travel for the sale of a house?
If you cannot travel, several solutions are available. Since October 2025, remote notarized power of attorney has become standard: you sign via secure video conferencing using a platform approved by the French notary authority. Your identity is verified remotely, and your qualified electronic signature is collected in real time. You can also send a private power of attorney by registered mail after having your signature certified at the town hall, if your notary accepts it.
Can you sign a power of attorney electronically with a notary?
Electronic signature is fully recognized for notarized deeds thanks to remote signing procedures. The notary uses a qualified electronic signature process compliant with the European eIDAS regulation, which has the same legal value as a handwritten signature. This secure solution allows you to establish a notarized power of attorney without traveling.
Can you create a power of attorney for a joint ownership sale or from abroad?
In joint ownership, each co-owner can grant a power of attorney for their share, provided the sale has been unanimously decided. If you live abroad, you can establish a power of attorney through a French consulate or a local notary, provided the document is legalized or apostilled. Since April 2025, the French notary system manages apostille and legalization procedures directly, greatly simplifying the process for expatriates.
Author :
Frédéric Rémy – Director of Commercial Performance
A real estate professional for several years within the Capifrance network, I would like to share with you some essential advice to help you succeed in your real estate project with the support of our advisors.
