How to sell the land yourself when you have authorized another person?

Illustration

Case 01: The parties have an agreement that the authorizing party can sell the land himself while authorizing another person. In this case, the parties shall comply with that agreement.

Case 02: The parties do not have an agreement

When there is no agreement, but the authorizing party wants to sell the land to another person by himself, based on the type of authorization contract with remuneration or not to see if compensation and remuneration must be paid to the authorized party or not.

- The authorizing party unilaterally terminates the authorization contract: Must pay remuneration and compensation (if the authorization contract includes remuneration); must give advance notice (if the authorization contract does not include remuneration).

- The two parties terminate the authorization contract:

In this case, the following situations may arise:  

+ The authorization contract has a definite term and the authorization period expires: The authorization will terminate by itself. Therefore, after the term of the authorization contract or after 1 year if the authorization contract has no term, the principal can sell the land himself.

+ The authorization contract has a definite term and the authorization period has not yet expired: the two parties can agree to terminate the authorization contract ahead of time.

Note: If the authorization contract is notarized at a notarial practice organization, when terminating or canceling the authorization contract, the parties must notarize it based on Article 51 of the Law on Notarization 2014 in accordance with the procedures. following procedure:

- Confirming agency: Notary office/Notary office has notarized the previous authorization contract and performed by the Notary of that place.

- Executor: All persons who have signed the authorization contract must sign the contract of cancellation or termination, unless there is a contract authorizing another person to perform.

- Documents to be prepared: Notarized request form; draft document to cancel the authorization contract (if any); identity papers (ID card/Citizen identity card/passport, household registration book...); Real estate documents

- The subject of the authorization contract (Red Book)...

- Time limit for implementation: 02 working days, if verification is required, this time is not more than 10 working days.