An owner is to be represented by another person in the sale of a house. Before appointments and commitments are organised, it must be clear on what basis this person is acting and which steps they are actually permitted to take. A family relationship or the existence of any power of attorney does not answer this question fully.
Name the specific basis for representation
Our editorial recommendation: First give the responsible contract adviser the existing document or the relevant proof for review. Distinguish between a Vorsorgevollmacht (power of attorney for health/advance directive), Erwachsenenvertretung (adult representation) and another contractual power of attorney. The exact scope and current status are more important than an abbreviated designation in conversation.
Also note which step is currently pending: gathering information, organising a viewing, handling an offer or concluding the contract. An organisational task does not automatically entail the authority for all later declarations. Unclear boundaries should be clarified with the appropriate professional body before a commitment is made.
Do not generally claim or overlook court approval
§ 258 ABGB regulates asset care and provides for court approval in certain asset matters for adult representatives outside ordinary business operations. The provision treats Vorsorgebevollmächtigte (persons acting under a Vorsorgevollmacht) separately. [VERTRETUNG] Therefore, not every conceivable representation solution should be equated with the same approval rule.
The OGH explains in 4 Ob 73/21w the strict standard for guardianship court approval of the disposal of real estate. Specifically, it concerned the planned gift of an apartment to the minor sons of the person involved, not a sale. [OGH] An achievable price alone is therefore not a generally applicable proof of approval. This article does not replace an examination of which requirements are met in the concrete case and which documents are required for that.
Prepare a comprehensible basis for decision-making
Set out factually why a sale is being considered at all and what information is available about the property. This can include condition of use, ongoing encumbrances and existing expert assessments. Keep confirmed facts and expectations separate. Do not adopt any statement about the will or needs of the person represented solely because another involved person finds it practicable.
Sensitive documents should only be accessible to the authorised parties to the extent necessary. A public property dossier does not need full health or care records. Contract advisers and, if applicable, the competent court should receive the necessary information without it being distributed uncontrollably to prospective buyers.
Example: Viewings organised, offer not yet handled
A relative coordinates appointments and subsequently receives a purchase offer. He does not assume that his previous organisation already proves all sales powers. The responsible law firm examines the basis of representation, the scope and any need for approval. Only on this basis will it be determined which declaration can be made by whom.
Make the timetable dependent on the actual stage of proceedings
Communicate openly if a professional or judicial clarification is still pending. A desired quick conclusion does not change the necessary prerequisites. Keep current versions and confirmed steps traceably recorded. This prevents an organisational advance from appearing externally as a legally secured sale.