Selling U.S. Property While Living in Europe: Power of Attorney, Notarization, and Remote Closings

Selling a home in the U.S. while living in Rome, Barcelona or Copenhagen no longer has to mean a long flight for the closing. In many cases, remote online notarization (RON) allows you to sign and notarize documents from abroad. However, the process depends on three things: a signing method your title company accepts, an identity verification process that works for someone living overseas, and enough time to complete everything before closing day.

This guide walks through the three ways to sign from Europe, when a power of attorney makes sense, and the issues that catch remote sellers off guard. Rules vary by state, so the examples use Florida law: say you live in Munich and are selling a condo in Orlando. This is general information, not legal or tax advice. Your title company, closing attorney and tax advisor have the final word.

What has to be signed and notarized?

On the seller’s side, the key document is the deed that transfers the property. It’s usually notarized so the county can record it. Florida, for example, only records a deed once the seller’s signature has been acknowledged before an authorized official, such as a notary, or otherwise proved or authenticated. The closing package can contain other seller documents too, so ask the title company early for the full list and which items need a notary.

Three things make this harder from Europe:

• Time zones. Central European Time is typically six hours ahead of New York and nine hours ahead of Los Angeles, although the difference can temporarily change during daylight saving time transitions.
• Identity checks. Online notarization checks your identity against data sources that may hold little about someone who lives abroad.
• Paper originals. If you sign on paper, the originals have to reach the title company before the deal can close.

Three ways to sign closing documents from Europe

Option 1: Remote online notarization with a U.S. notary

With remote online notarization (RON), you sign electronically while a U.S. notary watches over a recorded, live video session. Florida’s law shows why this can work from abroad. A Florida online notary can notarize for a signer who is outside Florida, and the notarization counts as performed in Florida. The notary first confirms that you want a Florida notary to act under Florida law.

The identity check is where remote sellers most often get stuck. Unless the notary knows you personally, Florida requires three steps: you show a government-issued ID on camera, the ID goes through credential analysis, and you pass identity proofing, such as knowledge-based authentication questions built from public or proprietary data. If those data sources don’t hold enough information about you, the notary may not go ahead. One helpful detail: for a signer outside the U.S., Florida accepts a foreign passport as the ID. OneNotary’s guide for U.S. expats covers the identity side in more depth.

Before you book a session, ask the title company whether it accepts RON for your closing.

Option 2: A notary in Europe

Florida also accepts an acknowledgment taken abroad, for example by a notary of that country with an official seal, or by a U.S. consular officer.

• At a U.S. embassy or consulate. The federal fee is $50 per notarial seal, so three seals cost $150. Check the embassy’s or consulate’s website for how to book.
• With a local notary. A German, French or Swedish notary can take your acknowledgment. Ask the title company whether it wants an apostille on top (the U.S., Germany, France and Sweden are all parties to the Hague Apostille Convention) and whether the notary’s own certificate wording works, or specific wording is needed.

Either way, plan courier time for the originals into your schedule.

Option 3: A power of attorney for someone in the U.S.

If you can’t be available at closing, you can authorize someone in the U.S., such as a relative or an attorney, to sign for you. In Florida, the agent must be at least 18, and the power of attorney must be signed in front of two witnesses and acknowledged before a notary. So the notarization step doesn’t disappear. It just happens earlier, once.

Title companies look closely at powers of attorney. Send them a draft before anyone signs, and ask whether they want one limited to this sale. OneNotary explains how to create and notarize a power of attorney without leaving home.

Choosing a buyer from the other side of the Atlantic

The paperwork is only half of a remote sale. If several buyers are interested, you also need a clear way to review offers and make a decision from a different time zone. If you work with a listing agent, agree in advance on how offers will be collected, compared and presented for your approval.

Some sellers also use online platforms such as Truvalo to organize competitive offer rounds. These tools can help sellers review multiple offers remotely and choose a buyer without having to coordinate every step by phone across different time zones.

Two issues that catch remote sellers off guard

FIRPTA withholding. If you’re a foreign person for U.S. tax purposes, the Foreign Investment in Real Property Tax Act (FIRPTA) generally requires the buyer to withhold 15% of the amount realized when purchasing U.S. real property. However, exceptions and reduced withholding rates may apply. For example, no withholding is generally required when the purchase price is $300,000 or less and the buyer intends to use the property as a residence. A reduced 10% rate may apply when the purchase price exceeds $300,000 but does not exceed $1 million and the buyer meets the residence-use requirements. A U.S. citizen living in Europe is not considered a foreign person under FIRPTA solely because of their overseas residence. Since withholding requirements depend on the seller’s tax status and transaction details, consult a U.S. tax advisor before closing.

Wire fraud. Money at closing moves by wire, and scammers send fake “updated” wiring instructions by email. The CFPB’s advice is to verify the account name and number with your trusted contacts in person or by the phone number you agreed on in advance, and never to follow instructions contained in an email. From abroad, set up that phone number before closing week.

A checklist for selling from Europe

1. Ask the title company which seller documents need a notary, and which signing routes it accepts.
2. Choose your route: RON, a notary in Europe, or a power of attorney.
3. If you choose RON, find out early whether the identity check will work for you.
4. If you sign on paper, book the consulate or notary early and allow time for the courier.
5. If you use a power of attorney, have the title company approve the draft first.
6. If you’re not a U.S. citizen or resident, check FIRPTA with a U.S. tax advisor.
7. Agree on a phone number for verifying wiring instructions.
8. Confirm the closing time in your own time zone.

Conclusion

Selling U.S. property from Europe is mostly a planning problem. Agree on the signing route with your title company early, make sure the identity check or the notarization abroad will work for you, and settle tax withholding and wiring before closing week. Get those right, and you can close without boarding a plane.

About the Author

Felix Salat is the founder of Truvalo, which helps agents and private sellers achieve the best price when several buyers want the same home. Buyers compete in one transparent online offer round, and the seller sees every offer as it arrives and decides who to sell to.