We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Buying house where family have LPA
GN2020
Posts: 227 Forumite
Hi everyone,
My partner and I are buying our first home.
My partner and I are buying our first home.
We’ve gone through everything of putting in an offer, it being accepted, getting the mortgage approval and solicitor doing searches etc.
The seller is currently in a care home and her family have power of attorney.
Our solicitor contacted me on Tuesday this week to say she had been told by the vendors solicitor that, very sadly, the seller is in a poor state of health and doesn’t look as though she has long left to live.
So, our solicitor said she would push for completion by the 18/12.
She has contacted me today to say that she has found out that the power of attorney was granted but it has never been registered so legally, the family don’t have the right to sell the property.
So, our solicitor said she would push for completion by the 18/12.
She has contacted me today to say that she has found out that the power of attorney was granted but it has never been registered so legally, the family don’t have the right to sell the property.
The house has been up for sale since November 2019, we put in an offer in September 2020.
I don’t know if I’ve got this wrong but don’t estate agents have to check that someone is legally entitled to sell a property before it’s put up for sale?
I don’t know if I’ve got this wrong but don’t estate agents have to check that someone is legally entitled to sell a property before it’s put up for sale?
The EA is saying they weren’t aware it hadn’t been registered.
Our solicitor is amazing, can’t fault her one bit.
I’m just quite miffed (as is our solicitor) that this has only been divulged now by the vendors solicitor, bearing in mind that our solicitor contacted them in September when the offer was accepted.
I’m just quite miffed (as is our solicitor) that this has only been divulged now by the vendors solicitor, bearing in mind that our solicitor contacted them in September when the offer was accepted.
They’ve been instructed to get it registered, although that could take a while.
If it goes to probate we will wait as we really want this house, it’s our dream home.
I’m just curious to know if anyone on here has had a similar experience and what was the outcome? How long did it take etc?
I’m just curious to know if anyone on here has had a similar experience and what was the outcome? How long did it take etc?
1
Comments
-
I'm surprised the POA has to be registered - my recollection from my own parents was that we could manage their affairs without registering it - but I'm not a lawyer!More oncerning is the poor health. If the owner should die, the POA will immediateky lapse and it will be the Executers of the Estate(if there is a will) who would take over. May be the same people but the process is different and Probate would need to be granted before the sale could go ahead.2
-
It was a few years ago that I registered financial LPA for my Mum with the Office of the Public Guardian (the body they are registered with) but I do think it took longer than a week and that was through a solicitor. Currently looks like 8-10 weeks.
https://www.gov.uk/power-of-attorney/registerRegister a lasting power of attorney
When you’ve made your lasting power of attorney (LPA), you need to register it with the Office of the Public Guardian (OPG).
It takes between 8 and 10 weeks to register an LPA if there are no mistakes in the application.
You can apply to register your LPA yourself if you’re able to make your own decisions.
Your attorney can also register it for you. You’ll be told if they do and you can object to the registration.
Unfortunately looks like you might have to wait, if sadly the owner passes soon.
Sorry to not be more optimistic for you.
1 -
Apparently the POA has to be registered before they can legally sell her house.greatcrested said:I'm surprised the POA has to be registered - my recollection from my own parents was that we could manage their affairs without registering it - but I'm not a lawyer!More oncerning is the poor health. If the owner should die, the POA will immediateky lapse and it will be the Executers of the Estate(if there is a will) who would take over. May be the same people but the process is different and Probate would need to be granted before the sale could go ahead.I was told there are some circumstances where it doesn’t need to be registered straight away but for a property sale, it has to be.Nothing is ever straight forward is it! 🙄
I’ve heard some horror stories about probate taking months and months!Just have to see where things are up to in the new year and go from there really.1 -
This all assumes the owner doesn't still have capacity to sign stuff etc herself if need be - not sure whether you've been told that.0
-
Please don’t apologise, I appreciate your response 😊SallyDucati said:It was a few years ago that I registered financial LPA for my Mum with the Office of the Public Guardian (the body they are registered with) but I do think it took longer than a week and that was through a solicitor. Currently looks like 8-10 weeks.
https://www.gov.uk/power-of-attorney/registerRegister a lasting power of attorney
When you’ve made your lasting power of attorney (LPA), you need to register it with the Office of the Public Guardian (OPG).
It takes between 8 and 10 weeks to register an LPA if there are no mistakes in the application.
You can apply to register your LPA yourself if you’re able to make your own decisions.
Your attorney can also register it for you. You’ll be told if they do and you can object to the registration.
Unfortunately looks like you might have to wait, if sadly the owner passes soon.
Sorry to not be more optimistic for you.
The main thing that’s miffed me is that the estate agent has admitted they didn’t know it wasn’t registered.Had they checked it could have all been sorted out by now.0 -
Ah! In our case it was the 'old style' POA befoe LPOA were introduced.GN2020 said:
Apparently the POA has to be registered before they can legally sell her house.greatcrested said:I'm surprised the POA has to be registered - my recollection from my own parents was that we could manage their affairs without registering it - but I'm not a lawyer!More oncerning is the poor health. If the owner should die, the POA will immediateky lapse and it will be the Executers of the Estate(if there is a will) who would take over. May be the same people but the process is different and Probate would need to be granted before the sale could go ahead.I was told there are some circumstances where it doesn’t need to be registered straight away but for a property sale, it has to be.Nothing is ever straight forward is it! 🙄
I’ve heard some horror stories about probate taking months and months!Just have to see where things are up to in the new year and go from there really.
0 -
It didn't used to need to be registered - when we did it for the inlaws in the mid 00s, it didn't. When we did it for my old man about five years ago, it did.greatcrested said:I'm surprised the POA has to be registered - my recollection from my own parents was that we could manage their affairs without registering it - but I'm not a lawyer!
<quick google>
Ah, the change took effect in 2007.
Lasting Powers of Attorney (x2 - health/welfare and property/finances) replaced Enduring Powers of Attorney.
https://en.wikipedia.org/wiki/Mental_Capacity_Act_2005
0 -
That would have been the old Enduring power of attorney (EPA). Lasting powers of attorney (LPA) replaced those and should always be registered from day one. It is the attorneys who are at fault over this one, quite how they have managed to look after the vendors affairs up to now without doing so is odd.greatcrested said:
Ah! In our case it was the 'old style' POA befoe LPOA were introduced.GN2020 said:
Apparently the POA has to be registered before they can legally sell her house.greatcrested said:I'm surprised the POA has to be registered - my recollection from my own parents was that we could manage their affairs without registering it - but I'm not a lawyer!More oncerning is the poor health. If the owner should die, the POA will immediateky lapse and it will be the Executers of the Estate(if there is a will) who would take over. May be the same people but the process is different and Probate would need to be granted before the sale could go ahead.I was told there are some circumstances where it doesn’t need to be registered straight away but for a property sale, it has to be.Nothing is ever straight forward is it! 🙄
I’ve heard some horror stories about probate taking months and months!Just have to see where things are up to in the new year and go from there really.3 -
Simple - nobody's ever picked them up on it...Keep_pedalling said:
It is the attorneys who are at fault over this one, quite how they have managed to look after the vendors affairs up to now without doing so is odd.
This is probably the first time an actual solicitor's looked at it, though.1
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 352.2K Banking & Borrowing
- 253.6K Reduce Debt & Boost Income
- 454.3K Spending & Discounts
- 245.3K Work, Benefits & Business
- 601K Mortgages, Homes & Bills
- 177.5K Life & Family
- 259.1K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards