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Can a solicitor sign on clients behalf?

  • 03-05-2018 10:44am
    #1
    Xcellor
    Registered Users, Registered Users 2 Posts: 2,821 ✭✭✭


    I have a property transfer that is approaching deadlines and the other party is living in another jurisdiction but has an Irish solicitor representing their interests. Can this party request that the solicitor sign on their behalf?


Comments

  • #2
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Xcellor wrote: »
    I have a property transfer that is approaching deadlines and the other party is living in another jurisdiction but has an Irish solicitor representing their interests. Can this party request that the solicitor sign on their behalf?

    It depends on what authority has been given to the solicitor, generally.

    A solicitor who has the authority of his client may be able to sign a contract on behalf of his client, as agent.

    A solicitor who has power of attorney from his client may be able to execute deeds and other documentation.

    With regard to declarations and affidavits, somebody can only make statutory declarations or swear affidavits in relation to matters which are within their own personal knowledge. Therefore a solicitor with power of attorney should not swear that a property is a family home, unless it is his own family home. If he was to proffer a declaration sworn by him, it should not be accepted.

    That said, a solicitor can certify certain matters. A solicitor may certify that a road is in charge or that a property is not a family home. A certificate that a property is not a family home may or may not be acceptable, depending on the circumstances. In other circumstances, it may not be acceptable.

    It requires a solicitor who knows conveyancing practice to advise as the adequacy of each of the above, where documentation is not being executed by a vendor, personally.


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