Power of attorney cert “to follow”???

Tiglet2

120624 said:

Mid January we had our offer accepted and mortgage application sent. Everything has been smooth sailing on the vacant purchase and we are first time buyers, dream sale!

17th of March initial queries are raised with the sellers solicitor (which we later find out weren’t actually sent until the 3rd of April  - solicitors working from home?! Doing what?)

Anyway, query replies are back! Unable to supply copy of boiler installation cert, local authority do have a copy though which came up on our search, our solicitor advises we can skip obtaining this to save time or they can obtain at additional cost to us (we can get it ourselves once moved in and save the middle man but as it’s 10 years old we might replace instead)

The query I am particularly concerned about is that they wrote the power of attorney cert is “to follow”. I asked my solicitor to elaborate and they stated it simply means the sellers solicitor doesn’t have a copy therefore we do not have a copy. I would have thought the sellers solicitor needed this to even sell the house????? Please tell me it’s a legal requirement which they should already have and they aren’t now about to make an application or something   

Boiler Installation Certificate:  If the sellers cannot locate the certificate, they could offer an indemnity policy, or, if you think you will replace the boiler in the near future, tell your solicitor not to pursue this.

Power of Attorney Certificate:  The seller lives in Australia - is that the person who has Power of Attorney, or someone else?  If so, do they live in the UK and is it simply that they haven't yet forwarded it to the solicitor?  Sellers often fill in forms saying that they have evidence/documentation, but then don't enclose said documentation.  Yes, it will be needed before exchange can take place.

Fixtures & Fittings and Property Information Form:  The seller will have to sign and date the fixtures and fittings form so that is something else your solicitor is waiting for.  If the seller can't scan or email these forms, he will have to post them.

To Follow:  All solicitors write "To Follow" when they need to provide something to a buyer's solicitor that they don't yet have.  It is not normal for a solicitor to then add an explanation.  Would they even know why a client hasn't sent something they've asked for?

macman

The boiler install cert has no relevance or value to you, nor is it a legal requirement for the vendor to supply one. It would only matter if the boiler were still under warranty, which, at 10 years old, it isn't.
The boiler could now be lethally dangerous, but the cert wouldn't tell you that. 
What would be far more use would be evidence that it has been serviced in the past year, but, again, there is no obligation to provide this.
Buying a property gives you less consumer protection than buying a packet of crisps...

davidmcn

macman said:

Buying a property gives you less consumer protection than buying a packet of crisps...

A valid comparison if the purchase of crisps typically involved you engaging a professional fried potato inspector to report to you on the quality and value of the crisps, a lawyer to negotiate your contract for the purchase of the crisps, and several weeks to mull things over.

120624

@Tiglet2
the person who lives in Australia is the person on all our paperwork who we’ve been advised is selling the property on behalf of their mother in a care home so I assume they are the POA.


I would have thought their solicitor
would’ve requested this document quite early on in the process to ensure they can sell the property, I don’t know how that side works or know anyone who’s sold a property like this before.