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posted 2 hours ago
Dubai property transactions often move forward without both parties being physically present. Buyers may already be based abroad and sellers may have left the UAE or be unavailable during transfer windows. In these situations, the practical solution is to appoint a representative who can attend appointments and complete formal steps on their behalf.
That decision, however, tends to surface issues that only appear once the transaction is underway. Transfers in Dubai run on fixed procedures and limited appointment availability, leaving little room to correct documents at short notice. When a POA has been drafted without the transfer process in mind or hasn’t been finalised in the right form, the problem usually only becomes clear at the trustee office counter, when everyone is expecting to complete.
This article explains how buyers and sellers can structure the appointment to avoid disruption and keep DLD procedures moving.
The Dubai Land Department permits buyers and sellers to complete property transfers through authorised representatives. The representative attends in place of the buyer or seller and completes the required steps for the transaction.
The authority presented must cover the actions being taken and must be properly attested and current. The document is reviewed at the point of transfer to confirm that the representative is authorised to act for the principal in that transaction.
One of the most common problems is authority that doesn’t match what the representative is actually doing. Buyers and sellers often need different authority, yet documents are sometimes drafted on a one size fits all basis.
Buyers usually require authority to sign sale documentation, attend trustee office appointments and complete registration. Sellers usually require authority to sign transfer documents and complete title conveyance. Where funds are involved, authority to receive or handle proceeds needs to be stated clearly and should reflect how settlement will take place in practice.
Documents that refer broadly to dealing with property or assets tend to raise questions. The DLD expects to see authority that relates to the property and the steps being completed on the day. When that link is missing, the document is often rejected even though the intention is obvious to everyone involved.
Clear drafting avoids this. It gives the representative confidence about what they’re authorised to do and gives the principal comfort that the authority won’t extend beyond the transaction.
Where a POA is signed inside the UAE, the process is relatively straightforward. The document is notarised through a local notary or approved digital notary platform and can then be used for DLD procedures.
Even so, problems still arise when documents are prepared without reference to how trustee offices actually operate. Small drafting points can have an outsized impact on the day of transfer. This is why documents are often reviewed against the specific transaction rather than relying on standard wording alone.
For buyers and sellers signing outside the UAE, the document must be notarised locally, authenticated by the relevant government authority and attested by the UAE embassy. Once brought into the UAE, it must be attested by the Ministry of Foreign Affairs before it can be used.
Each step takes time and none of them can be skipped. Delays usually occur because legalisation is treated as a background task rather than as part of the transaction timeline. By the time the issue becomes visible, trustee office appointments may need to be cancelled and rescheduled, often pushing completion back significantly.
For overseas principals, the POA should be prepared early, even while commercial terms are still being agreed.
Where a mortgage is involved, the POA often needs to satisfy more than one set of requirements. A document that works for the DLD may still be rejected by a lender if it doesn’t cover loan documentation, mortgage registration or bank correspondence.
Sellers with existing mortgages may also need authority granted to complete clearance and release steps. This point is frequently missed, particularly where the seller assumes the transfer authority alone will be enough.
Reviewing bank and DLD requirements together reduces the risk of last minute changes and repeated notarisation. It also avoids situations where parties are ready to transfer but can’t proceed because one document falls short.
Most issues with powers of attorney are practical rather than technical. A common problem is reusing an older document that was issued for a different purpose. Another is relying on templates without checking whether they reflect current trustee office practice.
Expiry dates also cause problems. Some powers of attorney are issued for a fixed period. If the transaction timetable slips, the authority may expire before completion, even where all parties remain willing to proceed.
There are also situations where authority to receive funds is included without clarity on settlement mechanics. This can cause hesitation from banks and trustee offices and lead to additional checks at the final stage.
These issues are familiar to anyone who regularly attends transfers. They rarely arise from bad intentions, but they have real consequences when discovered too late.
Duration and control after completion
For property transactions, limited duration powers of attorney are often preferred. They reduce exposure once the transfer is complete and avoid authority remaining in circulation longer than necessary.
After completion, revocation should be addressed formally and records kept up to date. For clients with multiple properties or recurring transactions, keeping track of active and expired authorities becomes part of sensible asset oversight.
Actions taken under a valid POA bind the buyer or seller. For that reason, representatives are usually professional advisers or trusted individuals who understand the transfer process and its timing.
They should know exactly what they’re authorised to do and when their role ends. Unclear expectations at this stage are difficult to correct once registration has taken place.
Powers of attorney work best when they’re treated as part of the transaction structure rather than as a last minute formality. Drafting, legalisation and acceptance should be considered alongside sale terms, financing and completion scheduling.
Early review reduces the risk of rejection at trustee offices and avoids pressure driven amendments close to completion. Where multiple authorities are required, consistency across documents helps keep the process moving.
Handled properly, appointing a representative allows property transactions to proceed smoothly even when principals cannot attend in person.
At POA UAE, we work with buyers, sellers and advisers to ensure powers of attorney are prepared in a form that works in practice, not just on paper. We advise on the appropriate structure for each situation, helping avoid delays caused by documents that are too broad, too narrow or disconnected from the transaction being completed.
We draft powers of attorney with the right scope, duration and level of detail, taking into account UAE practice and the specific DLD procedures involved. We also manage notarisation, attestation and translation and coordinate with banks, trustee offices and government authorities to ensure the authority granted is accepted when it matters. For tailored support, contact info@poauae.com.
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Global Law Experts is dedicated to providing exceptional legal services to clients around the world. With a vast network of highly skilled and experienced lawyers, we are committed to delivering innovative and tailored solutions to meet the diverse needs of our clients in various jurisdictions.
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When your international business faces financial distress, quick action is key! 🔑 Negotiating with creditors, restructuring debt, and understanding insolvency laws can help regain stability. Global Law Experts is here to guide you through your options.
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