Buying a house from Vendor with power of attorney. Legal issue

longleggings123

Hi

Can someone help clear this up for me. My daughter is about the exchange on a house purchase via a pre -auction offer (deadline today)

Everything has gone through as expected except that the vendor is has a lasting power of attorney (seen by the agents) but not seen as certified by my daughter’s solicitor who is advising not to exchange until she has seen the certified lasting power document.

 

The vendor’s solicitor has so far not provided this and has said that a certified power of attorney document is not needed to complete - so there is currently a solicitor stand off.

 

Could someone advise as to whether the certified POA document is absolutely necessary she is worried she may lose to house if this ‘ stand off’ continues/

Thanks in advance

LL

Brie

Might be too late at this point but could the agents talk directly to the vendor and explain what might stop the sale?  Get the vendor to get the certified POA to daughter's solicitor?

Albermarle

Not an expert in this area but I would have thought that your daughters solicitor is correct in wanting to see the PoA.
Even just for peace of mind. 

photodgm

Your daughter's solicitor needs to see the PoA. I have a PoA for a relative, it specifically excludes me transacting on the house. (Not ideal but that was their choice).

user1977

The vendor('s Attorney) has a solicitor but the solicitor hasn't seen the POA? Not sure how they can take instructions in that case...unless there are Chinese whispers going on.

Tiglet2

The seller's solicitor would most certainly have had sight of the original POA, to confirm that the seller has the legal right to sell the property, so I don't understand why they didn't send a certified copy during the course of the transaction.  Your daughter's solicitor is right to insist on this.

Hoenir

user1977 said:

The vendor('s Attorney) has a solicitor but the solicitor hasn't seen the POA? Not sure how they can take instructions in that case...unless there are Chinese whispers going on.

The vendor's solicitor isn't going to disclose what's actually going on.......... more likely been assured that the document would be provided to them but it hasn't. 

longleggings123

Thanks so much for your comments - looks like my daughters solicitor is correct, though i can't think why a certified copy has not been sent. Will update if resolved

badmemory

I don't know why the buyer's solicitor would need to see the POA or even why they would know about the POA.  Has the vendor's solicitor got a dodgy reputation locally?  I sold my mother's using my POA & had no problems.  The biggest problem was that my sister who dealt with my father's death forgeot to remove him from the deeds & even that would have only been a very minor problem if only he hadn't died abroad on holiday.

Hoenir

badmemory said:

I don't know why the buyer's solicitor would need to see the POA 

To take a copy of the original themselves themselves and certify it. Before onward transmission. 

user1977

badmemory said:

I don't know why the buyer's solicitor would need to see the POA or even why they would know about the POA.

It's a bit obvious why if you consider that somebody else will be signing the deeds.