Power of Attorney House purchase

[trainers]

We are in the process of buying a house. The person selling is in a home and appointed a friend as power of attorney. The contracts were exchanged, however, the lady in the home died. Where do we stand legally and is the contarct still valid??

[dzug]

If contracts were exchanged then the transaction is legally binding.

The lady's executors will have to complete the transaction - unfortuanately there could be a delay in this.

The Power of Attorney is irrelevant - the Attorney has no further role in the process. His powers and responsibilities ceased on her death.

[Whoever]

It is still a valid contract but there could be a considerable delay before you are able to move into your house. The property forms part of her assets and her deceased'd Executors will have to calculate what all her assets are worth before the Will can go forward to Probate. If the deceased had assets above the Inheritance tax level, the executors will also have to pay the inheritance tax due on the estate before any bequests and disposal of other assets can take place.
If such a delay would cause you major inconvenience, you may wish to contact the Executors, if you can find out who they are, to discuss whether they would be prepared to release you from the contract. I don't know whether this would be legally possible but it may be worth investigating.

[dzug]

If both you and the executors are happy not to proceed, then there's nothing forcing you to.

I suspect though that they will be glad of the guaranteed quick (well relatively) and easy sale they have.