Selling without traveling is possible: the Código Civil (Civil Code) allows another person to sign for you, but the sale falls through if the poder (power of attorney) is badly drafted or is missing a step. This is what the law says as of October 27, 2026. You will need a Venezuelan lawyer to draft the poder.
The poder: what type you need and what it must say
The poder is a mandato (mandate): you (the poderdante, or grantor) entrust another person (the apoderado, or attorney-in-fact) to act in your name. Under article 1.688 of the Código Civil, a mandate conceived in general terms only covers acts of administration, and to transfer ownership or mortgage the mandate must be express.
Article 1.689 adds that the apoderado cannot exceed the limits set in the mandate. The poder should identify the property precisely (location and registry details) and list each power: signing the opción de compraventa (purchase option agreement) and the sale, agreeing on the price, receiving it only if you decide so, handling the solvencias (tax clearance certificates) and the ISLR (income tax) advance, signing sworn statements and, if you want, delegating the poder to a substitute (sustituir el poder).
If you are married. Article 168 of the Código Civil requires the consent of both spouses to sell bienes gananciales (marital community property). If the property belongs to the comunidad conyugal (marital community), plan for both spouses to grant the poder or for the other spouse to consent.
Where to sign it: a consulate or a notary in the country where you live
| Venezuelan consulate | Local notary with apostille | |
|---|---|---|
| Legal basis | A document granted before a consular officer acting as a notary is a notarial document (article 79, Ley de Registros y Notarías, the Registries and Notaries Law) | Venezuela has been a party to the Hague Apostille Convention since March 16, 1999 (HCCH) |
| Apostille | Not needed, according to the consular section in Paris | Yes, from the competent authority of the country where it is signed |
At a consulate. As a reference, the Venezuelan consular section in Paris asks that the poder be drafted by a Venezuelan lawyer, with the lawyer's name, cédula (national ID card) and INPRE (lawyers' registration) number in the text; that it be sent before the appointment for review; and that the poderdante sign in person with an original cédula or passport. There, a special poder costs 100 euros and a general one 300 euros.
In the United States, the consular route is not confirmed. On September 14, 2026, El Nacional reported that the State Department authorized Venezuela to accredit officials to reactivate its consulates, with no appointment schedule and no confirmed opening to the public. As of October 27, 2026, we found no official announcement of notarial services at those offices.
Before a local notary. You sign before the notary and then apostille the document with the authority that country designates. Check in the HCCH table that the country is a party: the United States has been since 1981, Spain since 1978, Colombia since 2001 and Chile since 2016. The Convención Interamericana sobre poderes (Inter-American Convention on powers of attorney; Panama, 1975), ratified by Venezuela, does not replace this step: it requires legalizing the poder when the law of the country where it is used demands it (article 8) and translating it into that country's official language (article 9). If the poder, the notary's certification or the apostille is in another language, you will need an official translation, which under the Ley de Intérpretes Públicos (Public Interpreters Law; Gaceta Oficial N.º 6.703 Extraordinario, 2022) is one made by an intérprete público (public translator) with a registered title.
How the poder is used at the registry
The sale is signed at the Registro Público (public registry) office (part of SAREN, the national registries and notaries service) for the jurisdiction where the property is located (article 1.915 of the Código Civil). According to Banca y Negocios, the apoderado appears with a valid cédula, and the poder must have been registered beforehand at that same registry. This last point is reported practice, not a written rule: confirm it with that office.
What the Ley de Registros y Notarías (Gaceta Oficial N.º 6.668 Extraordinario, 2021) does say:
Seller's documents and taxes
Besides the poder, the registry asks for the following, according to Banca y Negocios and the law:
ISLR advance: 0.5% of the price
Article 86 of the Ley de Impuesto sobre la Renta (Gaceta Oficial N.º 6.210 Extraordinario, 2015) sets an advance of 0.5% of the price, which the seller self-assesses and pays before signing. It is deducted from the tax on the final return and, if the sale does not go through, the law provides for a refund. It is not paid on transactions below 3,000 unidades tributarias (tax units), nor when selling the main residence with its registration certificate (articles 17 and 86). The law does not clarify whether a non-resident seller can use this exception, and we found no published SENIAT criterion: confirm it with an accountant before signing. If your apoderado will handle this step, the poder must authorize it.
Tax on the gain
The advance is not the final tax. The gain pays ISLR according to your tax residence:
| Situation | Rule |
|---|---|
| Non-resident: no more than 183 days in Venezuela in the calendar year and not domiciled under the Código Orgánico Tributario (Organic Tax Code) (article 51) | Taxed on income whose source or cause is or occurs in Venezuela (article 1), at a flat rate of 34% (parágrafo único of article 50) |
| Resident | Taxed on income from any origin (article 1), at a progressive rate of 6% to 34% (article 50) |
Article 17 excludes from gross income the proceeds from selling a main residence registered as such, if they are invested in another main residence within the following two years or in the year before the sale (only the amount invested is excluded; people over 60 do not need to reinvest). How it applies to non-residents is also unclear: review your case with an accountant, who should also consider the rules of the country where you live.
How the payment reaches a seller abroad
Whatever the route, the registry asks for supporting documents:
Ask your accountant whether the payment route triggers another tax.
Why sales with a poder fall through
This article is for information only and is not legal or tax advice. Requirements vary by consulate, registry and municipality.