Power of Attorney, what happens during a house purchase.

[trainers]

We are in the process of buying a house. The person selling was in a home and appointed a friend under a power of attorney. We have exchanged contracts but the lady in the home has died. What is the position regarding the house, can we still buy it and is the contract legally binding?

[dothawkes31]

mmm that's a thought provoking situation. In reality the woman's property is still hers on paper until the grant of probate. But whoever she left the house to would be the legal owner after that. But then, if she has had to ask a friend to undertake the power of attorney, maybe there is no family. The wording on the will would cover any debt and financial matters, the only way to know for sure is to ask her solicitor, the ones who arranged with your solicitor to exchange contracts, have you and the person with the power of attorney actually signed both contrcats?

[fredpuli47]

For more answers try posting this in Law.It's not really a history question.There are questions whether the contracts were signed and exchanged before the death ( that makes a contract) or signed by the attornor friend after the death (no contract as the power ended on the death). Had there been completion before death? If so , presumably you wouldn't be asking !

If you've the contracts exchanged but no completion the snag could be that there's no executor with grant of probate yet But that may not be a problem.If completion date was settled before death it may be that completion can go ahead anyway automatically.I don't know ! I bet someone in Law does!