Power of Attorney

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Power of Attorney

    Morning, we are near to exchange on a flat but today my solicitor informed me we were being held up due to the fact that the flat is being sold by a relative who has power of attorney because the vendor has Alzheimer’s and the attorneys solicitor, when asked, said they work only for the relative and not the donor?

    My solicitor says they need to act for both otherwise the sale cannot be registered. Sorry if I haven’t got my facts completely accurate but this is the Jist of it as I understand it.

    grateful for any insight.

    #2
    This makes no sense to me. The seller is the donor (the ill person). The individual PoA simply speaks for them. The other side's solicitor acts for the seller - and they get that mandate (to act) from the PoA person. So it makes no sense for them to respond that they act for the PoA person (nor are they acting for "both" - there is only one seller).

    Proof of PoA should have been provided (and this should be the correct type of PoA, and should give the right to the attorney to sell -- which is not always the case).

    Comment


      #3
      Originally posted by AndrewDod View Post
      This makes no sense to me. The seller is the donor (the ill person). The individual PoA simply speaks for them. The other side's solicitor acts for the seller - and they get that mandate (to act) from the PoA person. So it makes no sense for them to respond that they act for the PoA person (nor are they acting for "both" - there is only one seller).
      Absolutely! The attorney has no interest in the property. He is not the client, even if he has the authority to instruct the solicitor. The solicitor is acting for the owner whether he likes it or not. Sometimes it is provided that the seller is the attorney, but that is quite wrong; apart from anything else, it potentially makes the attorney personally liable.

      Originally posted by AndrewDod View Post
      Proof of PoA should have been provided (and this should be the correct type of PoA, and should give the right to the attorney to sell -- which is not always the case).
      I confess I am puzzled by the OP's solicitor's suggestion that the Land Registry will not register the transaction if the solicitor is not acting for both. It may depend on how you analyse it, but I cannot see that the solicitor acts for the attorney at all.

      Comment


        #4
        Thank you so much. My solicitor said that she just needs the vendors solicitor to agree that they act on behalf of both, which at the moment they are not. Otherwise a solicitor needs to go to the nursing home to establish ID.

        I will keep you updated.

        Comment


          #5
          Originally posted by SandraHope View Post
          My solicitor said that she just needs the vendors solicitor to agree that they act on behalf of both, which at the moment they are not. Otherwise a solicitor needs to go to the nursing home to establish ID.
          I think you need to ask your solicitor where it says that.

          Comment


            #6
            Will do. Thanks.

            Comment


              #7
              How come they are only just finding out the seller has a power of attorney? That, surely, should have been known from the very beginning. If the sale cannot go through, you should ask for a partial refund for time wasting and incompetent work on their part. Of course, word it a bit nicer than that.

              Comment


                #8
                We always knew about the power of attorney but when my solicitor requested confirmation that they acted for both, their solicitor said no only the relative. I think it is being sorted but I will keep you updated.

                Comment

                Latest Activity

                Collapse

                • Reply to I've breached my lease
                  by sid1956
                  First of all, you should not be stating or implying to anyone, least of all your landlord, that you have breached the lease. An admission of a breach saves the landlord the trouble of having to determine that a breach has occurred and has no benefit whatsoever to you.

                  From your description...
                  12-07-2020, 21:15 PM
                • I've breached my lease
                  by pcuk1979
                  Hi there. I hope someone can help me because I have been frantic with worry for 3 days now. This is a bit long!

                  I bought a leasehold flat in July 2014. Since I've been here, I have done everything to it to bring it up to a modern acceptable standard. Note that the floorpan of the property...
                  12-07-2020, 14:00 PM
                • Reply to Leaseholder refuses to pay into our bank account !?!?
                  by rfph1
                  thank you - the clarification on the need to accept cask is appreciated.

                  I'm aware that Tide has issues, but so to did out high street bank (complaint made to financial ombudsman pending)
                  12-07-2020, 18:40 PM
                • Leaseholder refuses to pay into our bank account !?!?
                  by rfph1
                  Ok, the situation is this...

                  I am a director of the freehold management company for a small block of flats (other directors being leaseholders like myself).

                  Earlier this year we had some banking issues and changed from one of the big high street banks to an on-line bank....
                  10-07-2020, 17:36 PM
                • Reply to I've breached my lease
                  by pcuk1979
                  Here's some more

                  Comply with and observes such regulations as the Council may from time to time make for the benefit of the owners and occupiers of the said flats and in particular but without prejudice to the foregoing to comply with the regulations made at the date hereof and set out...
                  12-07-2020, 15:58 PM
                • Reply to I've breached my lease
                  by Macromia
                  For a start:
                  1. Any clause that says that you have to keep floors carpeted, or can't have wooden floors.
                  2. Any clause that states that you need inform the freeholder, and/or get freeholder's permission, for non structural alterations.
                  3. Any clause that requires you not to do anything...
                  12-07-2020, 15:24 PM
                • Reply to I've breached my lease
                  by pcuk1979
                  I thought that ground floors only were allowed wooden floors.

                  And you're right, if I was in my buyer's shoes, I would hate the guy who sold them a flat with clearly weakened soundproofing qualities. I mean, it wasn't great anyway, but it was liveable.

                  What clauses should I...
                  12-07-2020, 15:04 PM
                • Reply to I've breached my lease
                  by Macromia
                  Rather than withdrawing from the sale, you could just inform the buyers solicitor that you initially answered these questions thinking that they referred only to structural changes, but would like to inform them of the work that you have done.
                  It will then be up to the buyer whether they continue...
                  12-07-2020, 15:03 PM
                • Reply to I've breached my lease
                  by pcuk1979
                  I also have no Building Regulations certificates, even though I may have decreased the acoustic and thermal properties of the building.
                  12-07-2020, 15:00 PM
                • Reply to I've breached my lease
                  by Macromia
                  Nothing that you have said that you have done to your flat seems to breach the lease clauses that you have quoted - but that doesn't mean that you have breached clauses that you haven't quoted as you clearly haven't quoted all potentially relevant clauses in full.

                  It sounds more like the...
                  12-07-2020, 14:59 PM
                Working...
                X