Can you NOT sell a house to someone?

maninthestreet

elsien wrote: »

Undiagnosed dementia?
If it's not diagnosed it could be any number of things, surely?

What I thought as well.

Georgesmum79

If you are the legal owner of a property you can sell it to whomever you like. So to answer your question- no, she doesn't have to sell the house to her nephew. The POA is another matter though. ��

ScorpiondeRooftrouser

brodawel wrote: »

People often say they will buy something, until they realise they are not getting it cheap.

This. If the nephew wanted to buy a house at full market value, he'd have already bought a house at full market value, not waited for this one. He wants it because he thinks he will get it cheap. Once he realises he isn't going to (assuming the sister is in agreement) he'll lose interest.

Rain_Shadow

Alvaro_Lewis wrote: »

For selling a house power of autonomy is necessary. I don't think we have to give permission to any one for selling our home.

Thank you for that valuable contribution.

whatajoke2016

He is saying that she thinks she is a loon and he simply doesn't want the house to be sold to someone else out of envy because he cannot afford to pay for the whole thing.

kazwookie

If he is willing to pay the market value, I don't see a problem.

I suggest the aunt is taken / arranges a doctor's appointment if she is ill.

AdrianC

Linton wrote: »

And if she does have PoA she is obliged to act in her sisters best interests, which presumably means getting the best price.

Best interests are not always simply financial.

An Attorney's duty is to act as the donor would have acted, if they had capacity.
If the sister would have happily sold to the nephew, in the circumstances, then that's what the attorney is bound to do.

BUT... that only applies to the sister's half, not to her own. As joint owner, she doesn't have to sell to the nephew. Yes, that can be a difficult circle to square, when she's effectively acting for both sides of a disagreement, but that's a decision she should have known she may face when she took on the PoA.

It's also worth remembering that the granting of a PoA does NOT remove the donor's ability to act on their own behalf. If the donor has not been diagnosed with any dementia, then there is not necessarily any proof that they do not still have capacity, so their own signature should still be valid on any sale. That doesn't MAKE a sale go through, of course, because of that joint ownership...

stator

First thing to do is to get some valuations.

Just be honest. Tell the nephew that you don't want it used as a second home as you think it's a waste.

elsien

First thing to do is find out what the aunt wants, given that it's half her house.
There may be indications she is unwell but if she has medical help it may be something treatable. And she may still have capacity to make decisions, with or without dementia.
Have your mum and her sister actually had a conversation about what should happen - surely if they joint own a house it's cropped up in conversation at some point?

xylophone

How do you know that your aunt has dementia if it is "undiagnosed"?

If your aunt is incapable of dealing with her affairs, financial or otherwise, who is currently looking after her/her finances?