Can I arbitrarily terminate a real estate purchase and sale authorization contract?

Due to my lack of legal knowledge, I authorized a younger brother to help me sell the house. Now I want to negotiate directly with the buyer about the price, so I no longer authorize.

The home buyer and I went to the notary office to sign the transfer contract. However, the notary said that the authorization contract had not been canceled, so the transfer could not be signed. Therefore, they asked my brother to go to the notary office to sign the cancellation of the authorization contract.

I want to ask if the notary's request is correct? So can I unilaterally terminate the authorization contract without my brother's presence? What should I do now?

Reader Duc Tri asked Thanh Nien .

The principal has the right to unilaterally terminate the contract at any time.

Consultant

Representative of Notary Office Nguyen Thi Diem Phuong advises that authorization does not take away the rights of the land user. That is, you can still enter into a transfer contract without having to go through the procedure of terminating the authorization.

However, in reality, there are many people who transfer land use rights by signing a contract authorizing others to do this work on their behalf.

There are cases where land use rights are mortgaged to another individual but a power of attorney is not signed but a mortgage contract is signed. This leads to a common mentality among notary organizations that they must terminate the power of attorney contract first.

According to Article 569 of the Civil Code, you have the right to unilaterally terminate the authorization contract.

In case of a remunerated authorization, the authorizing party has the right to unilaterally terminate the contract at any time, but must pay remuneration to the authorized party and compensate for damages (if any).

If the authorization is without remuneration, the principal may terminate the contract at any time, but must give reasonable notice to the authorized party.

Source link: https://thanhnien.vn/duoc-tu-y-cham-dut-hop-dong-uy-quyen-mua-ban-nha-dat-185230602174320913.htm