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

Herzlos

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. 

Due dilligence to confirm that the seller is legally allowed to sell the property before sending over £100k's.

Why would the sellers solicitor be so reluctant to provide something they've (hopefully) already seen?

longleggings123

I have an update today - though no real progress. Both solicitors now at loggerheads and obviously not the greatest of friends (maybe some history here). It would appear that the vendor cannot put their hand on the POA certificate but has produced a summary sheet which says at the top that 'This property and finance LPA is valid and can be used now' and then goes on the name the donor + attorneys etc. I assume this is an official doc. though not the certficate. Venors solicitors thinks this is ok enough the proceed but daughters solicitor does not - hence the impass. Not sure about the summary document - is it enough?
Any views welcome
Thanks
j

RAS

If this is an LPA, surely the original document was sent to the Public Guardian's Office? So the PGO should have details of the registration.

If it's actually an old EPA, it's not valid until the document is registered with the PGO. 

longleggings123

It appears to be the LPA summary obtained from the Public Guardians Office. Not the actual certificate
Not sure if this should be enough to proceed

Herzlos

I'd have assumed the vendor would need the real POA certificate in order for the sale to complete. Assuming they do have valid POA that should be easy to attain, and if they can't get one you shouldn't be proceeding. 

GDB2222

Is there room for compromise here? Accept the official certificate for the purpose of exchange of contracts. But the complete POA, or an official copy, is to be produced by completion. It would be essential to stipulate that in the contract, so the buyer can repudiate the contract if the seller cannot provide the necessary POA. 

Syrrika

Anyone can check whether there is a valid LPA by going to the OPG website and requesting a search of the register. This will show whether there are any registered LPA’s, EPA’s, deputyships or guardianships for the named owner, and if so, who is named as attorney, deputy or guardian. That should be enough to confirm that the individual is an attorney - but the solicitor will probably want to see the LPA itself to ensure there are no instructions which would prevent the sale or cause issues later (it is not uncommon for people with more than one attorney to say that all of their attorneys must agree to sell the house, for example).

Hoenir

longleggings123 said:

I have an update today - though no real progress. Both solicitors now at loggerheads and obviously not the greatest of friends (maybe some history here). It would appear that the vendor cannot put their hand on the POA certificate but has produced a summary sheet which says at the top that 'This property and finance LPA is valid and can be used now' and then goes on the name the donor + attorneys etc. I assume this is an official doc. though not the certficate. Venors solicitors thinks this is ok enough the proceed but daughters solicitor does not - hence the impass. Not sure about the summary document - is it enough?
Any views welcome
Thanks
j

The mortgage company aren't gong to release the funds unless their solicitor ( your daughter's as well) confirms that everything is in order. As it their money at risk should something subsequently go awry. 

longleggings123

Thanks again - some good advice. Will update when i know more

RAS

So they have an LPA but that may or may not have restrictions on their right to sell the house? That needs addressing satisfactorily. I'm surprised the vendor's solicitor agreed to act without confirming that situation.