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Selling property while overseas

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  1. #21

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    Thank you! That's a good idea about PoA.

    Yes, it is troubling as the earlier emigrants all age, isn't it?

    Actually, there's already a PoA drawn up there which i can theoretically use to deal with financial affairs over there.

    However, I found that the various solicitor firms in HK I approached said they won't take the business even if there's a valid PoA. They will only take it on if the seller can visit their office in person.

    Now that this thread has mentioned broader issues, I can see why law firms might not want the hassle or risk of dealing with potential KYC or added checks, legal documentation. For them local property transactions are straightforward, routine and dealing with something non routine isn't worth their while.

    Thank you again for your help! I appreciate the empathy and advice a lot.


  2. #22

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    The HK solicitor needs to have a PoA, drawn up between your friend and the Hong Kong solicitor, as ultimately the Hong Kong solicitor needs to act on behalf of your friend. This can be a PoA exclusively for a particular property.


    HK solicitors are required to do due diligence, hence your friend will need their ID and address proof verified by a practicing lawyer in their country of residence.

    You can ask the solicitors I mentioned prior.


  3. #23

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    Jun 2019
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    You don’t have to go the PoA route.
    You can instruct a agent to act for you on the sale. He listed the property for sale, found buyers and instructed a solicitor to handle the sale. Most of the communication by email only documents that needed a signature was sent to me in the U.K. to sign. on completion the money was deposited into my HK bank account.

    jrkob and chuckster007 like this.

  4. #24

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    Quote Originally Posted by Timaw:
    You don’t have to go the PoA route.
    You can instruct a agent to act for you on the sale. He listed the property for sale, found buyers and instructed a solicitor to handle the sale. Most of the communication by email only documents that needed a signature was sent to me in the U.K. to sign. on completion the money was deposited into my HK bank account.
    How did your lawyer establish your identity? They have to physically see you or verify your identity ithrough another solicitor

    https://www.deacons.com/news-and-ins...uirements.html

  5. #25

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    Quote Originally Posted by ArrynField:
    How did your lawyer establish your identity? They have to physically see you or verify your identity ithrough another solicitor

    What’s app a copy of my HK id was sufficient.

  6. #26

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    If your solicitor conducted his NYC with due care and diligence, he should have asked a UK solicitor to provide certified proof of your ID and address.

    Fraudulent transactions could occur, if protocol is not followed. Would you be comfortable if someone stole your ID card and used it?


  7. #27

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    Feb 2020
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    Quote Originally Posted by ArrynField:
    If you don't have anyone trustworthy, you can also ask your HK solicitor to act on your behalf
    If intending to leave HK soon and considering to seIl one’s flat, before leaving HK, is asking the solicitor to act on one’s behalf (with PoA) quite common nowadays? And is it quite safe to do so? Any conflict of interest if solicitor with PoA is also handling the sale of the flat? Is it safer to give PoA to the solicitor as opposed to giving PoA to a friend? Don’t know much about PoA as never done it before. Feels like such a big decision and is there any way that could lead to me losing title to the property or not getting the money from the sale? Wonder if there are any pitfalls / risks or not. Or am I just overthinking this?
    Last edited by hkgcat; 25-02-2022 at 08:03 AM.

  8. #28

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    Most PoA needs to be notarized and apostilled.


  9. #29

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    Quote Originally Posted by zzzzzz:
    Most PoA needs to be notarized and apostilled.
    Still in HK, PoA would be drafted by HK solicitor - think apostille not necessary? But my post was to ask how safe if PoA given to HK solicitor vs to friend, any conflict of interest if it is same solicitor given PoA to and also handling the sale for the seller, etc.

  10. #30

    Join Date
    Mar 2021
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    Oh yes, if not overseas then apostille is not necessary.

    Besides outright fraud, it should be pretty safe to have the same solicitor for sale of flat as for PoA (I assume they are not also representing the buyer). Do you expect them to provide escrow or receipt of funds as well? You could ask how the mechanics of funds disbursement will work, since some offices are very traditional and stick to paper checks.

    drumbrake likes this.