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与传统委托相比,涉房地产委托存在属性异化的现象。现实中,一份单方授权的涉房地产委托书基本等同于一份二手房买卖合同加一份房产抵押担保协议,委托公证书也逐渐演化成为了一些人炒房避税、逃避限购政策、高利贷担保的工具,这不但陷委托人于不利的境地,极易引发财产纠纷,也为公证机构、公证员带来了巨大的执业风险。本文拟探讨涉房产委托书(主要是房产中介、担保公司参与下的涉房产委托书,以下为叙述方便,简称委托书)异化情况,并从公证实务角度出发,审视在涉房产委托书发生异化的情况下,公证员在办理公证时应如何审查和告知,以切实维护委托人合法权益,降低公证执业风险。
Compared with the traditional commission, real estate property related to the existence of the phenomenon of alienation. In reality, a unilateral power of attorney relating to real estate is essentially equivalent to a second-hand housing sales contract plus a mortgage agreement, commissioned notary certificate has gradually evolved into some real estate tax avoidance, to avoid restrictions on purchase policy, usury loan guarantees Tools, which not only trappings consignors in adverse circumstances, can easily lead to property disputes, but also for the notary public, notary public has brought a huge practice risk. This article intends to explore the real estate proxy (mainly the real estate agency, security company involved in the real estate commission, the following is the description of convenience, referred to as the proxy) alienation, and from a notarial practice point of view, , The notary shall examine and inform the notary in handling notarization so as to effectively safeguard the lawful rights and interests of the client and reduce the risk of notary practice.