Power of attorney and contract query

Cupcakes1600

I signed a contract with an estate agents to sell my dads property when he went into care (to pay for his fees). I signed for it as a POA. Sadly he has passed away -does anyone know if the contract ends on the date of his death as the I know that the POA ends when he died?

Keep_pedalling

Your powers of attorney ended on your father’s death. Assuming you will also be administering his estate you now need probate in order to sell, but that may not get you out of the contract, that will depend on the terms of the contract. 

sheramber

Are you executor of his will?

Cupcakes1600

I am executor of his will and the house needs to be sold anyway so is still on the market under the contract I signed as POA. I have applied for probate. The issue is that I am not happy with how the agents are handling the sale so I wanted to appoint a new agent but the current agent are holding me to the contract-I just wondered if I could legally say to them that the contract ended when he passed away. 

Keep_pedalling

Cupcakes1600 said:

I am executor of his will and the house needs to be sold anyway so is still on the market under the contract I signed as POA. I have applied for probate. The issue is that I am not happy with how the agents are handling the sale so I wanted to appoint a new agent but the current agent are holding me to the contract-I just wondered if I could legally say to them that the contract ended when he passed away. 

I have thought about this a bit more, although you signed the contract you did so as attorney which is no different to your father signing it himself. Your authority to act in this matter has now ended and you now need probate in order to act for the estate (although the property could still be marketed). 

Assuming they have not found you a buyer then I don’t see why the contract cannot be terminated now, although they may be able to bill the estate for costs they have already incurred. Have you read all the small print in the contract?

Cupcakes1600

I have read the small print and I can't see anything that covers this situation. I have to give them notice if I want to cancel the contract after the contract period-I'll have a further think and make a decision-thanks for the help.