Problem: The Seller is Using a Power of Attorney ('Poder por Escritura Pública'). Solution: How to Verify the POA's Validity and Scope with SUNARP's Registry of Mandates.

You've found that quintessential piece of land in the Sacred Valley – perhaps a sprawling parcel near Urubamba ideal for a boutique hotel, or a charming colonial guesthouse in Ollantaytambo perfect for AirBnB. The seller, however, isn't present to sign the Sale-Purchase Agreement (Minuta de Compra-Venta) themselves. Instead, they're represented by an agent holding a "Poder por Escritura Pública" – a Power of Attorney (POA) issued by a Notary Public.

This scenario is remarkably common in Peru, especially in regions like Cusco and the Sacred Valley. Property owners frequently live abroad, reside in Lima, or have family members manage their affairs from a distance. While a POA can significantly streamline a transaction, it also introduces a critical layer of complexity and potential risk that demands rigorous due diligence. Failing to properly verify a POA can lead to costly legal disputes, invalidated transactions, and the potential loss of your investment – particularly problematic when dealing with high-value tourist properties or ancestral land with intricate ownership histories.

As your expert real estate consultant in this vibrant market, this article is meticulously tailored for discerning investors like you. It will guide you through the definitive process of verifying a POA's validity and scope using Peru's National Superintendence of Public Registries (SUNARP) Registry of Mandates, ensuring your investment is secure.

Why a POA is Common (and Why it Requires Scrutiny)

In the Sacred Valley, properties often change hands between families, absentee owners, or those with complex international lives. A POA allows a designated "Apoderado" (agent or attorney-in-fact) to act on behalf of the "Poderdante" (principal) in legal and administrative matters, including the crucial act of selling real estate.

While undeniably convenient, a POA is a powerful legal instrument that must be exercised within strict legal parameters. As an investor, you must be acutely aware of the primary risks:

Revocation: The principal may have revoked the POA, unbeknownst to the agent or yourself.
Expiration: The POA may have a specific expiry date, rendering it invalid.
Insufficient Scope: The POA might not grant the agent the specific power to sell this particular property or to complete all necessary transaction steps (e.g., receive payment, sign the final deed).
Substitution: The original agent might have legally substituted their power to a third party, and this substitution might not be valid or properly registered.
Incapacity: The principal may have become legally incapacitated after granting the POA, thereby voiding its effectiveness.

Understanding 'Poder por Escritura Pública'

In Peru, a "Poder por Escritura Pública" is the unequivocal gold standard for significant transactions like real estate sales. It's a public instrument, meaning it is granted before a Notary Public (Notario Público) and meticulously recorded in their official protocol books. This official status gives it a higher degree of authenticity and legal weight compared to a "Poder fuera de registro" (a private power of attorney), which holds little to no weight for property sales.

Crucially, any POA intended for the sale of real estate must be granted by "Escritura Pública." Furthermore, for it to be fully effective, legally binding, and opposable to third parties (like you, the buyer), it must be registered in the Public Registries (SUNARP) under the "Registro de Mandatos y Poderes" (Registry of Mandates and Powers). This mandatory registration is precisely what allows you to definitively verify its status and scope.

The Critical Verification Step: SUNARP's Registry of Mandates (Registro de Mandatos)

The "Registro de Mandatos y Poderes" at SUNARP is your ultimate safeguard and the cornerstone of due diligence when a POA is involved. It provides an official, centralized, and public record of all public powers of attorney, including details of their granting, precise scope, any modifications, revocations, and substitutions. Relying solely on a physical copy of the POA presented by the seller's agent, no matter how official it appears, is insufficient and highly risky. You must cross-reference it with the official, real-time SUNARP database.

Step-by-Step Verification Process:

Obtain the Original or a Certified Copy of the POA: Request a copy of the "Escritura Pública de Poder" from the seller's agent. This document will contain vital information needed for your search. Ideally, you should aim for a "Copia Literal del Asiento de Poder" from SUNARP, as this confirms it's already registered and provides the full text.
Identify Key Information from the POA:
- Nombre del Notario Público: The full name of the Notary Public who issued the POA.
- Fecha de Otorgamiento: The exact date the POA was granted.
- Número de Protocolo / Asiento / Partida Registral: The protocol number from the Notary's book, the entry number, or, most importantly, the Partida Registral (registration number) under which the POA was registered at SUNARP.
- Nombres y Apellidos del Poderdante: The full name(s) of the principal(s) who granted the power.
- Número de DNI/CE/Pasaporte del Poderdante: The official identification number (DNI for Peruvians, Carné de Extranjería for residents, Passport for foreigners) of the principal.
- Nombres y Apellidos del Apoderado: The full name(s) of the agent(s) to whom the power was granted.
- Número de DNI/CE/Pasaporte del Apoderado: The official identification number of the agent.
Access SUNARP's "Servicios en Línea":
- Go to the official SUNARP website: www.sunarp.gob.pe
- Navigate to "Servicios en Línea" (Online Services). While basic queries for checking existence can often be done without an account, registering for one provides full access to services like ordering certified documents.
Locate "Consulta de Poderes" or "Búsqueda de Poderes": Within the online services, specifically look for "Consulta de Poderes" or "Búsqueda de Poderes" (Power Search). This is the dedicated portal for verifying registered POAs.
Input Data for Search:
- You will typically have options to search by:
  - Datos del Notario: Notary's name or notarial office number.
  - Fecha de Otorgamiento: Date the power was granted.
  - Datos del Poderdante: Principal's ID number or full name.
  - Datos del Apoderado: Agent's ID number or full name.
  - Número de Partida Registral: The registration number of the power in SUNARP.
- Enter as much specific information as possible to narrow down your search. The Partida Registral number is the most direct and efficient if you have it. If not, the Notary's name and date, combined with the principal's ID, are usually sufficient to locate the correct entry.
Interpret the Results:
- The system will display a list of registered POAs matching your criteria.
- Validity: Crucially, confirm the POA is active and not marked as "Revocado" (revoked), "Caducado" (expired), or "Extinguido" (extinguished).
- Scope: The system will show a summary of the powers granted. Pay very close attention to keywords that unequivocally grant the power to sell: "vender" (to sell), "enajenar" (to alienate/transfer ownership), "disponer" (to dispose of), "percibir el precio" (to receive the price), "firmar escritura pública" (to sign public deed), and, critically, whether it specifies the property in question by its Partida Registral or if it's a general power with sufficient faculties for disposition. A general power can be sufficient if it explicitly grants ample faculties for acts of disposition (sale).
- Modifications/Substitutions: Check if the POA has been modified, limited, or if the agent has substituted their power to another person. Any such actions should also be duly registered at SUNARP.
Order a "Certificado de Vigencia de Poder" (Certificate of Power's Validity): While a "Copia Literal del Asiento de Poder" provides the full text, the "Certificado de Vigencia de Poder" is the definitive document you need. This certified document, issued by SUNARP, officially confirms the current status and full text of the registered power of attorney. It explicitly states whether the power is active and details its entire scope. This certificate is indispensable for your legal counsel to thoroughly review its specific clauses, conditions, and limitations and is the ultimate proof required for the Notary Public preparing your property's sale deed.

Necessary Tools:

Internet-enabled device (computer, smartphone).
The physical POA document provided by the seller's agent.
Access to the SUNARP website and, ideally, a registered user account.
Your DNI/Passport details (if you need to register for SUNARP online services).
A credit/debit card for ordering the "Certificado de Vigencia de Poder" (a small fee applies).

Safety Checks:

Cross-Reference Everything: Ensure the details on the physical POA document precisely match the information registered at SUNARP and, most importantly, the "Certificado de Vigencia de Poder." Any discrepancies are a major red flag demanding immediate clarification.
Legal Counsel Review: Never proceed with a property purchase solely based on your own interpretation of a POA. Engage a specialized Peruvian real estate attorney, particularly one with deep experience in the Cusco and Sacred Valley region. They will meticulously scrutinize the "Certificado de Vigencia de Poder" to ensure the granted powers are fully sufficient, unambiguous, and cover all aspects of the transaction, including the exact property.
Revocation Status: The validity of a POA can change quickly. Always obtain a fresh "Certificado de Vigencia de Poder" immediately before signing any final documents (e.g., the Minuta de Compra-Venta and the Escritura Pública de Compra-Venta) to confirm the POA is still active.
Identity Verification: Ensure the ID of the agent presenting the POA (the "Apoderado") precisely matches the ID recorded in the SUNARP registry for the "Apoderado."

What to Look For: Scope and Limitations

The devil is truly in the details when it comes to the scope of a POA. Your attorney will be invaluable here, but you should understand these key aspects:

Specific vs. General Powers: Does the POA specifically mention the property you intend to buy by its registry number (Partida Registral) or address, and explicitly state the power to "sell" or "transfer ownership"? While a broad "general power of administration and disposition" (poder general de administración y disposición) can suffice, explicit powers regarding the sale of real estate are always preferred and leave less room for ambiguity.
Right to Set Price and Receive Payment: Ensure the agent is authorized not only to sell but also to agree on the sale price, receive payment on behalf of the principal, and issue formal receipts ("Recibos de Dinero" or "Cartas de Pago"). Without this explicit authorization, payment to the agent might not legally discharge your obligation to the principal.
Conditions and Deadlines: Check for any specific conditions under which the sale must occur (e.g., a minimum sale price) or an expiration date for the POA.
Exclusions: Sometimes, a seemingly general POA might explicitly exclude the power to sell real estate, or specifically exclude certain properties.

Potential Pitfalls & Red Flags

Expired or Revoked POAs: The most common and easily avoidable pitfall if you perform the thorough SUNARP check and obtain a recent "Certificado de Vigencia."
Insufficient Scope: The POA only grants powers for administration, not for acts of disposition (like selling property).
POA Granted by Non-Owner: The principal listed on the POA is not the registered owner of the property at SUNARP. This is a fundamental title issue that must be resolved before considering the POA.
POA Granted to the Buyer: A POA granted by the seller to the buyer (or a related entity) creates a severe conflict of interest and is highly suspicious, often indicating potential fraud or undue influence. Avoid such scenarios entirely.
Lack of Notarial Formalities: If the POA is not an "Escritura Pública" or is not registered at SUNARP, it is generally invalid for real estate transactions in Peru.
Inconsistent Data: Any discrepancies between the physical document, the Notary's records (if you consult them), and the SUNARP entry are major red flags that indicate potential fraud or error.

Local Context/Warning: Sacred Valley & Cusco Specifics

The unique characteristics of the Cusco and Sacred Valley region add critical layers of complexity to POA verification:

Remoteness and Digital Access: While SUNARP offers robust online services, the reality on the ground, especially in more rural parts of the Sacred Valley, can mean slower processes if you need in-person assistance at a SUNARP office. While Cusco city has full, modern SUNARP services, access in smaller towns like Pisac or Calca might involve a trip to the provincial capital. Be prepared for potential delays in retrieving physical documents if not using online services.
Generational and Communal Land Issues: Properties in the Sacred Valley often have a history of generational transfer, sometimes with informal arrangements, multiple heirs, or even communal ownership structures (e.g., "tierras de comunidad campesina"). POAs in this context can be particularly complex, as they may be granted by one heir without the full consent or proper legal representation of all co-owners. Always verify that the POA's principal is the sole legal owner or has explicit, properly documented authorization from all co-owners registered at SUNARP. This often requires additional due diligence beyond the POA itself.
Cultural Nuances vs. Legal Rigor: While there is a strong culture of trust and family ties in the region, never let it override strict legal due diligence. A handshake and verbal assurances, while culturally significant, are absolutely not a substitute for a thoroughly verified, legally sound POA and comprehensive title review.
Archaeological and Environmental Protection: Properties in or near designated archaeological zones or natural protected areas (like the buffer zones around Machu Picchu, the Inca Trail, or other significant sites) face stringent development and land use controls. While a valid POA confirms the agent's authority to sell, it does not grant construction or development rights. This is a separate, critical layer of due diligence.

⚠️ Warning: Zoning and Cultural Heritage Rules. Beyond verifying the seller's authority, remember that any property acquisition in the Cusco and Sacred Valley region is subject to strict zoning, land use, and cultural heritage regulations. Properties within the Cusco historic center, Ollantaytambo, Urubamba, Pisac, and especially near archaeological sites or natural protected areas, are governed by specific norms from the Ministry of Culture (Ministerio de Cultura), local municipalities, and sometimes the National Service of Natural Protected Areas (SERNANP). Proposed construction, renovation, or even changes in land use (e.g., from agricultural to commercial) often require multiple permits and approvals, which can be time-consuming and complex. Always conduct a separate, thorough due diligence on land use, zoning, and cultural heritage restrictions before committing to a purchase. A valid title and POA do not guarantee development rights.

Conclusion

The use of a Power of Attorney is a standard and often necessary practice in Peruvian real estate, particularly in dynamic markets like the Cusco and Sacred Valley region. However, it is never a step to be taken lightly or without meticulous verification. By diligently following the process of verifying a "Poder por Escritura Pública" through SUNARP's Registry of Mandates, obtaining a "Certificado de Vigencia de Poder," and engaging expert legal counsel specializing in this unique region, you can transform a potential red flag into a secure, transparent, and confident investment in your dream property.

For personalized guidance on navigating the complexities of property acquisition and ensuring robust due diligence in Cusco and the Sacred Valley, visit CuscoRealEstate.com.

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Verify Power of Attorney (POA) for Peruvian Real Estate: SUNARP Guide