Uylari.uz editorial

How to check a power of attorney when buying an apartment in Tashkent

A practical review of a seller’s power of attorney: status, term, authority, substitution, representative identity and questions for the notary before payment.

Selling an apartment through a representative is lawful, but a buyer must examine two separate foundations: the owner’s title to the property and another person’s authority to act for that owner. A power of attorney addresses only the second issue. It does not establish ownership, absence of restrictions, spousal consent or agreement between the physical layout and cadastral record. A professionally presented document should therefore not be treated as a complete review of the transaction.

Current public search results repeatedly surface questions about authenticity, revocation, expiry and a representative’s authority when an apartment is sold under a power of attorney. That pattern indicates practical search interest, but it does not provide a reliable monthly volume. This guide is distinct from Uylari articles about cadastral records, deposits and registered occupants: its subject is the representative’s status and the limits of the mandate.

What the power of attorney allows

Uzbekistan’s Civil Code defines a power of attorney as written authority given by one person to another for representation before third parties. A representative does not simply act “in the owner’s interests”; the representative acts within the wording of the document. The official gov.uz guidance likewise states that the authorised person acts within the authority granted.

The presence of the words “real estate” is not enough. Check separately whether the representative may sell this particular property, sign the agreement, determine or approve price and terms, submit applications, receive money, sign a handover record and deliver keys. One authority does not automatically follow from another. Permission to submit documents or attend a notarial procedure may not include permission to collect the purchase price.

Compare the description of the apartment with the cadastral records. If the document identifies property by address, cadastral number or other particulars, those details must lead to the selected home. Do not expand vague wording yourself. Show the full document to the notary who will handle the sale and ask whether the wording is sufficient for each intended action.

Issue date, term and present status

Article 139 of the Civil Code provides that a power of attorney may be issued for no more than three years. If no term is stated, it remains effective for one year from issue. The issue date is essential: a document without that date is invalid. Review the date and expiry on the original or official electronic document, not on a cropped photograph.

An unexpired term does not by itself prove that the authority is still in effect. Article 141 includes revocation by the principal, refusal by the representative, termination of a relevant legal entity, and the death, incapacity, limited capacity or disappearance of the principal or representative among the events that end it. Date arithmetic is therefore only one part of the check.

The official E-notarius portal provides a search that can show the status of a power of attorney using specified criteria. Open the official portal yourself instead of following an unfamiliar message link. Record the date of the search in the transaction file and repeat it close to signing, because status can change between the first viewing and the notarial appointment. If the document cannot be found or the result is ambiguous, ask the notary rather than inventing an explanation.

Identity of the owner and representative

Ask the representative to present identification and compare the particulars with the power of attorney. A typographical difference, replacement identity document, variant spelling or incomplete number needs an explanation before payment. Do not amend a copy yourself or accept an oral assurance that the notary will ignore the discrepancy later.

Identify the owner separately through a current state-register extract and the instrument on which title is based. The principal named in the power of attorney and the registered owner must be connected through the records for this exact apartment. If the property has several owners, one owner’s mandate does not replace the participation of the others. The notary should determine the required parties and consents from the title, shares, marital circumstances and other relevant documents.

Where practical, speak with the owner through an independently obtained contact route. That conversation does not replace official verification, but it can confirm that the owner knows the property, representative, price and proposed settlement method. A telephone number supplied only by the representative is not independent. Inability to reach the owner does not automatically prevent a sale, but it is a reason for especially careful review with the chosen notary.

Substitution needs a complete chain

The general rule is that the authorised person performs the entrusted acts personally. Article 140 permits transfer of the authority to another person where the original document allows it or circumstances require it to protect the principal’s interests. The term of a substituted power cannot extend beyond the term of the original.

If a second representative is involved, request both the original authority and the substitution document. Trace the chain without gaps: who appointed the first representative, which actions were permitted, whether substitution was allowed, who received the transferred authority and when each document expires. A later document cannot enlarge the original mandate.

A statement that the original is “with the notary” should not prevent it being reviewed as part of the transaction. The buyer need not collect unrelated personal data, but the notary must be able to see the legal basis for the entire chain. Do not pay a deposit, advance or principal amount to the substitute until that chain is confirmed.

Authority to receive money

Authority to sell an apartment does not necessarily include authority to receive cash, a transfer to the representative’s personal card or payment to a third party’s account. The power of attorney and sale agreement should clearly identify the recipient and settlement route. If the owner is to receive the funds personally, payment to the representative may not discharge the buyer’s obligation in the way the parties expect.

Before any preliminary payment, compare the authority with the deposit or advance agreement. That document should identify the owner, representative, basis of authority, apartment, amount, purpose and repayment terms. A power-of-attorney number is useful, but it does not replace wording that authorises receipt of that specific payment and signature of the relevant document. Ask the selected notary and bank to confirm the current settlement process for the proposed arrangement.

Do not transfer funds to an account that first appears in a message immediately before payment. A change of recipient, bank or payment purpose should be confirmed through a previously verified channel and reconciled with the transaction documents. The payment reference in a bank instruction should match the signed agreement.

The notary’s role and the buyer’s work

An apartment sale is completed through a notarial agreement, and the notary reviews the documents and authority required for the act being certified. E-notarius allows users to find a notary, book an appointment and submit an electronic real-estate transaction application. It is sensible for the parties to select a notary through a verified official route rather than attend an unknown address supplied in a message.

The notarial stage does not eliminate the buyer’s preliminary work. Before the meeting, establish the full price, source of funds, settlement method, vacant-possession date, included items and outcome of the property review. The notary assesses legal documents but does not inspect renovation quality, utilities or the apartment’s physical condition.

Send copies only through the verified channel requested by the notary. Never give a OneID password, SMS code or banking-app access to the representative, an intermediary or someone claiming to be a notary’s assistant. Official verification of a power of attorney does not require disclosing those credentials to another party.

A power of attorney issued abroad

Use in Uzbekistan of a document made in another country may depend on an international treaty, legalisation or apostille, translation and notarial requirements. A photograph of the first page cannot resolve that question. The issuing country, authority, language, form and proposed legal act all matter.

Show the complete document to the notary in advance, including certification, attachments, stamps and translation. Do not schedule settlement until the notary confirms the required set. It is unsafe to promise that an apostille is always required or never required; the answer depends on the applicable international regime and the actual documents.

Warning signs that require a pause

Do not proceed to payment if the representative offers only an unreadable copy, hides the date or number, refuses a status check, has identity details that do not match, cannot connect the property with the mandate, relies on an expired term, or cannot point to authority for sale and receipt of funds. Pausing is not an accusation; it creates room for documentary clarification.

Further review is appropriate where substitution is shown without the original authority, the representative changes unexpectedly, payment is redirected to a third party, pressure is applied to pay before the notarial appointment, or the price differs between messages and the agreement. Neither urgency nor an attractive price expands the representative’s powers.

A buyer’s practical sequence

1. Select a property in theUylari apartment catalogueand save its listing number. 2. Obtain the complete power of attorney and the representative’s identification. 3. Match the principal to a current register extract and the basis of title. 4. Check the issue date, term and present status through the official service. 5. Match the apartment and every necessary action to the wording. 6. For substitution, review the full chain and all expiry dates. 7. Ask the notary which owners, consents and restrictions apply. 8. Confirm separately the authority to receive preliminary and final payments. 9. Repeat the status search immediately before signing. 10. Complete the notarial agreement, agreed settlement and documented handover.

The core principle is to avoid reviewing a power of attorney separately from the owner, property and proposed act. Current status, a suitable term and exact authority must coincide at the relevant time. If any link remains unconfirmed, the next step is clarification from the notary and updated evidence, not payment based on an assumption.