A power must suit the actual act: management, negotiation, signing and receipt of funds require verification.
Start by identifying the represented holder
A power does not make the attorney the owner of the lot. First identify the person whose right is to be transferred and compare them with the certificate and underlying history. Then establish who will appear and in what capacity. A relative may know the farm and arrange viewings without authority to bind the holder. Where several owners exist, identify the interest covered by each power; one person's authorisation does not itself explain disposal of everyone's shares. For a company, obtain existence and representation documents and assess applicable statutory limits or approvals. A business card describing someone as representative is insufficient. Prepare a table connecting principal, right, representative, instrument and scope. Law 1579 connects the registered holder with disposal of rights, while Decree 960 requires evidence of representation in the instrument. That connection should remain clear from negotiation through the registered acquisition, allowing the buyer to understand whose rights and commitments are actually involved.
Read the powers and their limits
The Civil Code distinguishes mandate and management acts and requires assessment of authority for acts extending beyond ordinary management. A general power should therefore not automatically be treated as sufficient for any sale. Read the complete text and identify whether it authorises promising, selling or buying the relevant property, setting price, agreeing payment arrangements, handing over possession, receiving funds or completing later steps. Also check restrictions, conditions and monetary limits where present. If the transaction includes a mortgage, cancellation, easement or variation of an obligation, ask which authority covers that act. Broad wording may be qualified by another clause. Have the lawyer compare the powers with the draft instrument rather than merely the document's heading. If something is missing, address it through the legally appropriate mechanism before committing to signature. The purpose is to establish which decisions the representative may express for the principal, instead of assuming their attendance resolves every aspect of the transaction. Record material limits where the commercial participants can understand them.
Review receipt of funds separately
Authority to participate in a sale and authority to receive payment require explicit review of the instrument and applicable rules. If payment to the attorney is proposed, obtain an explanation of their authority and how payment discharges the relevant obligation. Verify account ownership and payment instructions with the principal through an established channel where appropriate. A receipt signed by the transaction coordinator does not necessarily resolve missing authority. If the price goes to a creditor, connect that destination with the agreement and authorised instructions. Document amount, purpose, recipient and evidence, avoiding informal changes during the appointment. The attorney may have personal financial interests as an intermediary or relative; identify fees and potential conflicts without assuming every such situation is prohibited. The assessment should explain what this particular representation permits. A transparent funds flow protects the principal and payer and reduces claims concerning money allegedly not received. Each transfer needs a legal and documentary connection with the obligation being performed, not merely a convenient recipient.
Confirm the form before executing the power
Before preparing the document, tell the lawyer and notary which acts are intended and where the principal will be located. Required form depends on the power and act; a recognised signature or messaging photograph does not resolve every situation. Article 28 of Decree 960 requires presentation of evidence of representation for inclusion in the protocol in the relevant case. Check acceptable documentation and channels in advance rather than signing an unusable version abroad. Cancillería distinguishes consular services for general powers by public deed and special powers, together with revocations and substitutions. That list guides selection of a procedure but does not replace examination of the authority granted. For documents executed before a foreign authority, verify legalisation or apostille and translation where applicable. International authentication does not correct insufficient wording: authenticating origin and expressing adequate authority are distinct questions. The file should answer both before an appointment or payment depends on use of the document.
Check changes, substitution and termination
The date of a power does not itself establish whether it still produces the required effects. The Civil Code provides grounds for termination and rules on revocation that need application to the actual facts. Obtain review of periods, conditions, completion of the assignment and relevant developments. If a substitute acts, request the documentary chain and assess whether substitution was permitted and its scope. Do not rely solely on an assurance that the same instrument has always been used. Identify an appropriate way to verify the instrument and communications concerning revocation without inventing a public database guaranteeing that nothing has changed. If someone dies or representation changes during negotiation, avoid an automatic conclusion and obtain assessment of the consequences. The buyer needs to know which document will be presented at execution and who must report developments. Preserve the verification performed and revisit it when an event may affect authority. Continuing effect should be assessed in context rather than inferred from a clear photocopy or familiar signature.
Example: management authority and an offer to sell
An owner abroad authorises her brother to manage a farm and arrange repairs. He receives an attractive offer and signs a preliminary agreement, believing that caring for the property includes selling it. During deed preparation, the adviser compares the assignment with the proposed sale and identifies authority that is not clearly expressed and needs assessment. The purchaser has already paid the brother and expects the lot shortly. Resolving the issue requires review of acts, obligations, possible ratification or new authority and the affected persons' rights; adding a handwritten phrase to a copy is insufficient. This hypothetical example does not determine the validity of every management act or predict litigation. It illustrates the importance of examining representation before the promise and payment. Family relationship and daily management may explain trust but cannot replace the legal authority required for the actual transaction. The file should show which person authorised each material commitment and which evidence supports the resulting payment and transfer.
Clarify interests and reserved decisions
If the representative also buys, acts for several people or has a relationship with the other side, obtain assessment of conflicts and applicable rules. The Civil Code contains relevant limits on an attorney's own dealings that should not be ignored because the participants trust each other. Explain to the principal who participates and the financial benefit received by each person. Where decisions about minimum price, finance or changes to the property are reserved, define how exceptions are authorised and evidenced. Avoid creating apparently unlimited authority alongside incompatible private instructions without understanding the consequences. The purchaser also needs to know which conditions require further consultation so an appointment is not based on a commitment the representative cannot fulfil. Distinguish advice on the transaction from logistical coordination where they are separate services. Review should explain the actual decision-making margin rather than merely say the power is broad. That clarity supports negotiation and identifies matters still dependent on the principal's express involvement or further documentary steps.
Verify representation in the transaction outcome
When reviewing the deed, check the description of principal, attorney, capacity and supporting instrument. Connect authority with the declarations and acts actually executed, including payments, handover and additional steps. Then follow registration and keep representation evidence with the purchase file. If an instrument is rejected because of authority or form, obtain a professional response before assuming the same copy merely needs resending. Inform the principal of the result and outstanding tasks under the assignment. This guide received editorial review on 14 October 2026 and has national scope for civil property representation. It does not certify a power or guarantee acceptance by an institution. Form, continuing effect, scope and relationship with special rules require case-specific examination. A remote purchase can be organised verifiably when every person understands the decisions they may make and the evidence required to demonstrate authority to other participants. Preserve that explanation so later changes can be assessed against the actual assignment rather than recollection.
Representative-authority matrix
Read the complete power and complete a row for each planned action. Authority for one task does not automatically establish the rest. Check form, scope and current effect before accepting instructions or signature.
| Review question | Evidence to record | Next action |
|---|---|---|
| Whom do they represent, and for which property? | Principal, representative, identification, holder’s capacity and described property or interest reference. | Compare identities and negotiated interest with title records; clarify differences before drafting. |
| Can they conclude the proposed transaction? | Authority wording for buying, selling, promising or setting conditions, according to the actual action. | Obtain specific review of sufficiency; the title general power alone does not establish disposal authority. |
| Can they receive or direct money? | Collection authority, recipient, account and verified instructions, separate from signing authority. | Confirm with the principal through a reliable channel and document changes; retain evidence of the authorised recipient. |
| Are the form and documents suitable for this act? | Complete document, execution, origin, representation records and applicable requirements if issued abroad. | Check the relevant route with the notary or adviser before scheduling; avoid nationality-based universal formalities. |
| Is it still effective, and is there a conflict? | Known revocation or substitution, termination events and any connection between representative and counterparty. | Refresh checks and assess limits and specific authorisations before committing the principal. |
Sources & bibliography
Read the full document, its date, amendments and scope. The editorial review date describes this page; it does not establish an authorisation or a specific answer about your plot or financing.
- 01Código Civil · arts. 2142, 2157-2158, 2170 y 2189-2191; mandato, alcance y terminaciónrelatoria.colombiacompra.gov.co · National
- 02Decreto 960 de 1970 · arts. 25 y 28; comparecencia y documentos de representacióncancilleria.gov.co · National
- 03Ley 1579 de 2012 · arts. 3-4 y 16; titular y calificacióncancilleria.gov.co · National
- 04Cancillería · servicios consulares: poder general, especial, sustitución y revocaciónwww.cancilleria.gov.co · National