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AIBU?

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Original poster

buying a house that has power attorney

87 replies

Lavenderflower · 15/02/2025 16:08

Does anyone have experience, advice or thoughts?

OP posts:
Hueandcry · 15/02/2025 16:30

Poa ceases on death so this can't be a thing

Offleyhoo · 15/02/2025 16:28

Yep, agent is clueless. Sounds like he meant that the owner has died and it's a probate sale being managed by the executors of the estate (who could be relatives and or solicitors). Either way don't think it matters from your perspective and lack of onward chain could well make it easier.

Printedword · 15/02/2025 16:28

ValentineValentineV · 15/02/2025 16:16

It sounds more like a probate sale than POA.

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Exactly, probate can take ages. I thought it was bonkers to put late parents property up for sale before getting the probate

Libertysparkle · 15/02/2025 16:28

We bought a house that was being sold through probate. Didn't really affect the sale. But there was 6 siblings who had to agree on the price. In our case it just meant that we paid full market price. This was over 10 yrs ago.

DeepFatFried · 15/02/2025 16:28

It should be fine.

Power of Attorney simply means giving power for a third party to act. So a solicitor has been given the power to act for the executors or beneficiaries.

But… you might not get quick or complete answers to all the queries that you or your solicitor might raise (because neither the solicitor nor the family know the answer, not having lived there) , and I would ask whether they have probate.

Probate gives the Executor / Solicitor permission to sell the property and distribute the estate. As an HMO there will be assessment for CG tax, and may indicate that the estate’s a whole is above the IHT threshold. None of that is of concern for you, not your tax bill, BUT if they don’t yet have probate it could take a while. It’s quick with an uncomplicated estate, but ownership of other properties may not be so quick.

And yes, as a PP said, ask the EA why two sales fell through.

Original poster
Lavenderflower · 15/02/2025 16:28

saraclara · 15/02/2025 16:25

I have no idea what you mean. They are simply selling the property. They will decide whether or not to accept an offer on the same way that the owner would have. That's all.

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I may be wrong but the impression I got is solicitor were not accepting lower offers and but the family seem a bit more flexible.

OP posts:
Notquitegrownup2 · 15/02/2025 16:27

Definitely probate rather than POA. Have sold a couple of houses in this way.

Ask if the relative selling is the executor or whether they have solicitors acting as executors. I have done both, but the process took a little longer when the solicitor was executor. (I could reply to questions v quickly whereas the solicitors took a while to respond.)

You still have to wait for the probate office to grant probate but I could explain exactly how far through the process was and what day I had submitted the forms

So ask whether probate has already been granted and if not, when the probate form was sent off.

saraclara · 15/02/2025 16:25

Lavenderflower · 15/02/2025 16:23

Does that mean they have to approve of the property?

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I have no idea what you mean. They are simply selling the property. They will decide whether or not to accept an offer on the same way that the owner would have. That's all.

Bearbookagainandagain · 15/02/2025 16:25

We bought a house that was under POA and we completed in 3 months.
I was told there could be more complications though, mainly if the POA hasn't actually been granted yet, or if the people inheriting the house aren't getting along as any of them could block the sale.

Our experience has been mostly positive, but negotiation was very difficult when the surveys revealed some (minor) issues. According to the estate agent, they were 5 siblings and 1 absolutely refused to budge on the price. We managed to get a bit off, but I think we slightly overpaid compared with the market at that time.

In your situation, I would really want to know why the 2 previous sales fell through.

loveev · 15/02/2025 16:24

The solicitor will be applying for probate , then once that's been through the system and the house sale , the proceeds will be distributed

saraclara · 15/02/2025 16:24

Lavenderflower · 15/02/2025 16:22

I got the impression from the estate agent that the solicitor has to approve of the sale first and then if goes through the money will be given to the family.

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Exactly. They're the executors, so it's up to them to decide how much it sells for, and then to distribute the proceeds.

ValentineValentineV · 15/02/2025 16:24

Lavenderflower · 15/02/2025 16:22

I got the impression from the estate agent that the solicitor has to approve of the sale first and then if goes through the money will be given to the family.

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That sounds straightforward, it wouldn’t put me off purchasing a property.

Original poster
Lavenderflower · 15/02/2025 16:23

saraclara · 15/02/2025 16:22

The solicitors will be the executors then.

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Does that mean they have to approve of the property?

OP posts:
saraclara · 15/02/2025 16:23

And buying from executors should be easier than from owners. They just want to get rid of it as quickly as possible, and if course there's no chain.

BeRoseSloth · 15/02/2025 16:23

Power of Attorney ends with the death of the doner.

Original poster
Lavenderflower · 15/02/2025 16:22

ValentineValentineV · 15/02/2025 16:18

I act as if I’m my parent.
POA isn’t a thing is someone has died though.

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I got the impression from the estate agent that the solicitor has to approve of the sale first and then if goes through the money will be given to the family.

OP posts:
LivingLaVidaBabyShower · 15/02/2025 16:22

Poa stops when the person dies.

Has probate actually been granted?
If not, unless you arent fussy about when you move in or LOVE the house I'd keep looking

saraclara · 15/02/2025 16:22

Lavenderflower · 15/02/2025 16:20

The estate agent said it being managed by solicitors. Is this the same thing?

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The solicitors will be the executors then.

ChompandaGrazia · 15/02/2025 16:21

Lavenderflower · 15/02/2025 16:19

The estate agent said POA.

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It’s possible they were confused. It would be POA if someone were selling on behalf of the living owner who didn’t have capacity. If the owner has died then it is probate.

saraclara · 15/02/2025 16:21

Lavenderflower · 15/02/2025 16:19

The estate agent said POA.

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Well he was 100% wrong. It might be that the owner was still alive and in a care home when the house was first marketed. But it will not be POA now.

I was POA for my late mum. I will be selling a house that she owned shortly, but as a probate sale.

loveev · 15/02/2025 16:21

LPAs are not valid after death , unless someone that owns the house is still alive , and has a LPA. Otherwise it will be sold once probate is obtained .

BeyondMyWits · 15/02/2025 16:20

familyfullofeccentrics1 · 15/02/2025 16:17

I thought POA ceased on death and it became the responsibility of the executor?

is this what you mean?

Yep, in England POA ceases at the moment of death.

If someone is still alive going into a care home etc, then the POA can sell it. It is straightforward as they are selling as if they were the owner.

Original poster
Lavenderflower · 15/02/2025 16:20

saraclara · 15/02/2025 16:18

Power of attorney ceases on death. This will be a probate sale by the executors (who may well be the same people that had POA).

Edited

The estate agent said it being managed by solicitors. Is this the same thing?

OP posts:
Original poster
Lavenderflower · 15/02/2025 16:19

familyfullofeccentrics1 · 15/02/2025 16:17

I thought POA ceased on death and it became the responsibility of the executor?

is this what you mean?

The estate agent said POA.

OP posts:
saraclara · 15/02/2025 16:18

Power of attorney ceases on death. This will be a probate sale by the executors (who may well be the same people that had POA).