Notary question: closing on US real estate while in Colombia

Gator says on Jun 26, 2007, 19:41:

Check with the US Embassy or find out before you leave if the Colombian Notary will need an Apostille (Authenticate the Notarization or Certification) to be accepted in the USA,

The Colombian Consulate may be able to answer your question.

BTW You are paying big bucks to the real estate agent-tell him/her to find out. The determination must be made if Texas has legislation similar to the Uniform Recognition of Acknowledgments Act, the Uniform Acknowledgments Act and the Uniform Law on Notarial which recognize the admissibility of documents executed outside the United States before an ambassador, minister, consul general, consul, vice consul or consular agent of the United States. Under the Hague Convention legal recognition would be valid as far as the Colombian notary-but it would be up to the notary to require or not require a translation.

"Bene, cum Latine nescias, nolo manus meas in te maculare" .

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Robert Jorge says on Jun 26, 2007, 20:02:

I wasn't overseas, but I sold a condo in Miami totally absent from the sale. It isn't even necessary to sign anything once you are in Colombia - if the house sells. What you need to do is sign a form that allows your Realtor to act on your behalf. It is basically a power of attorney. Of course, you better trust your Realtor, but that's up to you. The Realtor will have to be present at the closing, and will sign everything for you. I know this wouldn't work for everybody, but it is an option to think about. And, Gator is correct: Tell the Realtor to do their job and figure out what it will take to close a deal from overseas. Almost anything can be written into a contract .... hear what I am saying?

"You can not take the barrio out of the girl you really can't." Oneforamillion

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slguy says on Jun 26, 2007, 20:28:

For that matter- got any family in Texas? A limited power of attorney, for only this transaction, should make it easy. Family, trusted lawyer, etc.

Before you throw me out, make sure I pay my bar tab

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adrienne79 says on Jun 26, 2007, 20:34:

Thanks all. Actually my realtor is not getting paid much. She is only getting 1% so I don't want to push her over the edge on this either. My house is not an expensive home either. I do like the power of attorney idea. I was thinking about that earlier today and I might just go with that plan. I'm happy to hear from someone who has done it that way before. If anyone else has any suggestion, please post. I am open to all ideas at this point as I am still devestated that this original sale is not going through and I have to leave this house empty.

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houstongal (Trustee board) says on Jun 26, 2007, 21:00:

Power of attorney is pretty common in sales of relocating company employees (I've sold 2 houses this way). I would agree that you will need to trust your agent in this matter. If you go this route, make sure you two agree on what will happen if an offer comes through and goes to closing. For example, she should FedEx all closing documents to you prior to the closing for you to review before she signs on your behalf (you may need to agree up front how many days prior and who pays for the bill since she's only getting 1%). I'm a bit surprised she didn't recommend this option to you. It could be that isn't aware of it b/c she's never done it (red flag...proceed with caution) or she's unwilling to take the responsibility due to the 1% commission. In that case, you may want to take slguy's advice and find someone else to give power of attorney to.

It's going to be harder to sell an empty house, but you received one offer so there's hope that you'll get another buyer. It's not exactly the best time to sell a house, but I think the Texas market is doing better than other parts of the country (that's the case with Houston anyway). Hope you get it sold before you leave for Colombia!

"It is now official: there's no place on earth where you will not find a Peruvian band." David Sedaris

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Robert Jorge says on Jun 27, 2007, 00:24:

Selling an empty house can make it easier, or harder, depending on the buyer. A lot of people are attracted to an empty, turn key property. Other people, and Realtors will agree, will get more emotionally involved (really like) a property that is furnished and is currently occupied. I have sold two properties, both were empty / turn key. When I bought my second home, it was still lived in and I really liked the furnishings - it made the house even more attractive to me. So, it just depends on the buyer. And Houstongal is correct. Texas has a strong market still, compared to a lot of the US. Don't sweat it too much. There will be a buyer. Good luck.

"You can not take the barrio out of the girl you really can't." Oneforamillion

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griffbos says on Jun 27, 2007, 05:26:

I would go with a limited power of Atty to deal with the transcation that way there is no delay's in sending paperwork back and forth , you need to make sure your trust that person to act on your behalf. but having someone in the States near by to take care of things if something need to be done quickly is best

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Gator says on Jun 27, 2007, 06:32:

Por Favor: Make sure Texas law is on your side. A qualified real estate attorney should be consulted and the two hundred ( more or less) dollar fee would be worth it. Then you know for sure. He might even include a power of attorney that would fit the situation.

Quite frankly I would be more comfortable doing it this way. Good luck.

"Bene, cum Latine nescias, nolo manus meas in te maculare" .

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houstongal (Trustee board) says on Jun 27, 2007, 06:39:

Good point gator. An attorney could be their best bet. I'm still a bit leery about the 1% real estate agent. Usually that means you're supposed to do some of the work (a little better than for-sale-by-owner) in lieu of full commission. Hopefully they'll get another offer before leaving the US.

"It is now official: there's no place on earth where you will not find a Peruvian band." David Sedaris

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adrienne79 says on Jun 27, 2007, 07:38:

Thanks all. I'll get a consultation from a real estate attorney and ask one of my firends if they will be my power of attorney. It sounds like my best bet. I don't have any family here in DFW. Actually my 1% agent is doing everything, if not more than the regular 3% agent. She is one of the top Keller Williams Agents. I think the only problem I have with her is that she has so many listings that she stays very busy but she has never slacked at responding to my needs. Well, maybe with this issue but can you blame her? I'm sure none of her clients have ever moved to Colombia before. Jejeje!

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houstongal (Trustee board) says on Jun 27, 2007, 08:21:

That's great that your 1% agent is doing a lot for you. Keller Williams has a good rep in Texas so you should be in good hands. Good luck to you!

"It is now official: there's no place on earth where you will not find a Peruvian band." David Sedaris

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adrienne79 says on Jun 27, 2007, 10:38:

Okay, I emailed my realtor this morning asking her about the power of attorney thing and she gave me the name and number of the person she uses as her title company. I spoke with her for sometime and she expained how it can be done. They will even draw up and file the papers for me. I have asked my future brother-in-law to be it for me. I hope he agrees.

Thank you again for all your imput. Now lets just pray that my empty house will still sell. I'm so scared about that part.

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Robert Jorge says on Jun 27, 2007, 12:24:

Yep, and keep the AC on low. You don't need it blasting all day and night, but if you have the AC set to 81 or so, it will help dehumidify the house and keep mold from forming while your gone.

"You can not take the barrio out of the girl you really can't." Oneforamillion

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houstongal (Trustee board) says on Jun 27, 2007, 12:52:

Of course in TX, keeping the AC set to 81 still means it goes off a lot! The agent can always go to the house before showings and turn down the AC and turn on the ceiling fans if it's really uncomfortable. For some strange reason, folks in TX like to keep their houses really cool (i.e., mid-70's).

"It is now official: there's no place on earth where you will not find a Peruvian band." David Sedaris

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adrienne79 says on Jun 27, 2007, 13:39:

Yes, thank you all for your suggestions. My future brother in law and sister in law live about 10 minutes from the house. I emailed them an offer today to help maintain the yard and keep the house clean for me. Hopefully they will agree.

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