Power of Attorney for Property in Nigeria: What It Means for Buyers
Legal-finance

Power of Attorney for Property in Nigeria: What It Means for Buyers

Power of Attorney comes up often in Nigerian property deals, especially for diaspora buyers and sellers acting through representatives but it's also been misused to defraud both sides. Here's what to know.

Listmyproperty Team Listmyproperty Team · · 3 min read · 22 views

Power of Attorney shows up regularly in Nigerian property transactions sometimes as a legitimate tool letting a trusted representative act on a buyer's or seller's behalf, and sometimes as a document used to make an unauthorised or fraudulent sale look official. Understanding what a Power of Attorney for property in Nigeria actually authorises, and where the risks lie, protects both buyers and the people who grant it.

What a Power of Attorney Actually Does

A Power of Attorney is a legal document in which one person (the donor) authorises another person (the attorney or agent) to act on their behalf in specified matters in property transactions, this often means managing, selling, or handling documentation for a property when the actual owner can't be present themselves, such as diaspora owners living abroad.

Common Legitimate Uses

Diaspora Nigerians frequently grant Power of Attorney to a trusted family member or lawyer to inspect properties, verify documents, negotiate terms, and sometimes complete a purchase or sale on their behalf, since travelling home for every step of a property transaction isn't realistic for most. Elderly property owners or those managing multiple properties also sometimes use Power of Attorney to delegate day-to-day management responsibilities.

How It's Been Misused

Power of Attorney has, in a number of documented cases, been used by dishonest attorneys to sell property without the true owner's knowledge or consent, sometimes to multiple buyers, before the original owner discovers what happened. It has also been used by fraudsters presenting a fake or expired Power of Attorney document to convince a buyer that a sale is legitimate when it isn't. Both scenarios highlight why this document requires the same scrutiny as any other title document, not blind trust simply because it looks official.

What Buyers Should Check

If a seller is acting under a Power of Attorney rather than as the direct owner, verify that the document is genuine and current, confirm it specifically authorises the sale being proposed (some Powers of Attorney are limited to management, not sale), and where possible, try to independently confirm the actual owner is aware of and consents to the transaction. A seller who resists this kind of verification, or grows impatient when you ask, is a signal worth taking seriously.

What Owners Granting Power of Attorney Should Do

If you're a diaspora owner or anyone considering granting Power of Attorney over your property, work with a qualified lawyer to draft a document that's specific about what's authorised rather than broadly worded, choose an attorney you genuinely trust with a track record, and consider limiting the scope for example, authorising inspection and negotiation but requiring your direct sign-off before any sale completes. Periodically confirming your property's status, even from abroad, adds an additional layer of protection.

Verification Matters Regardless of Documentation

Whether a transaction involves a Power of Attorney or not, the fundamental verification steps remain the same confirming the chain of title, checking the Land Registry, and ensuring the person you're dealing with genuinely has authority to act. Our guide on verifying land title in Nigeria covers this process in full, and applies just as much when a Power of Attorney is involved.

Buy and Sell With More Confidence

Browse verified property listings on Listmyproperty.ng, or if you're a diaspora owner managing a sale remotely, our guide on Nigerians in diaspora buying property covers additional precautions worth taking. Create your free account to connect with verified agents and manage your property search or listing with more oversight, wherever you're based.

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