Before you sign a property contract in Syria: power of attorney, occupants and payments

There is a real difference between checking the property and checking the transaction. The first concerns title, zoning and the building, and we cover it in due diligence before buying. This article starts where the property has been accepted and you move to paperwork and money.

In our experience in the Damascus market, this is where the most expensive problems occur: a revoked power of attorney, an occupant who will not leave, a price paid in full before registration, or a cheque with nothing behind it.

1. Sales under a power of attorney

When the owner does not sign personally, you are not buying from the person in front of you — you are buying from a document that authorises them. Your position is only as strong as that document.

• Validity and revocation. A principal may revoke at any time, and revocation ends the agent’s authority even though the paper copy in their hand looks unchanged. Verification happens with the office that executed it, not by inspecting the copy.
• Express authority to sell. Authority to manage or administer does not permit transferring ownership.
• The principal must be living. A power of attorney ends on death and the property passes to the heirs — at which point the route becomes inheritance and transfer.

2. Who is in the property?

A property that is vacant on paper may not be vacant in fact. Establish whether it is tenanted and whether under a registered lease or an ordinary one — the difference is substantial for the tenant’s position — whether any occupancy dispute exists, and who is physically living there and on what basis.

The outcome to avoid is owning a document while somebody else occupies the property, with recovery requiring a long court process.

3. Stage the payments

Split the price and tie each instalment to a specific completed step rather than a bare date: on signature; after the financial directorate stage; and the final payment on registration and handover. Any hold-up then stops the money automatically and preserves your leverage.

4. Cheques

Treating a cheque as sufficient security is a common and expensive mistake. Confirm funds are actually available, verify the identity of the issuer and the signature, and watch for forged cheques or ones drawn on an account that is not the issuer’s. This cuts both ways — a seller accepting a cheque carries the same exposure as a buyer paying by one.

5. Document on both copies

Every payment, amendment and receipt goes in writing on both copies of the contract, not one. Both parties sign each added or amended clause; witnesses where possible; and state the amount, date and purpose in terms that cannot be reinterpreted.

A verbal understanding carries no weight in a dispute, however good the relationship was at signature.

When to involve a lawyer

Not a luxury but a precaution — the fee on one transaction is far below the cost of one dispute. We particularly recommend it in three situations: sales under a power of attorney, properties with an occupant or tenant, and any property whose ownership came through a court ruling or a chain of heirs. The differences between those types are set out in ownership types in Syria.

Frequently asked questions

How do I confirm a power of attorney has not been revoked?

Revocation is recorded with the office that executed the power of attorney, and verification happens by checking with them — not by examining the copy the agent is holding. The paper copy remains unchanged after revocation, which is exactly where the risk lies.

Can I buy from abroad without travelling?

Yes, through a properly executed power of attorney arranged at a Syrian embassy or consulate and then certified inside Syria. The procedure is set out in our diaspora guide.

How large should the first payment be?

There is no fixed proportion. The test is that it should not exceed what you could realistically recover if the process stalled. More important than the percentage is tying the remainder to documented procedural stages.