buying a house that has power attorney

[Lavenderflower]

Does anyone have experience, advice or thoughts?

Do you mean it's being sold by someone under their power of attorney because the owner is incapacitated?

The advice will depend on what country the house is in, as laws differ.

What bothers you about it?

I viewed a house today. The estate agent told me the seller had died but the property is being managed by power of attorney. The family will get the proceeds of the sale. The house has two failed sales. It was previously a HMO property.

I’m just about to exchange and complete on my parents property, I have POA and it’s been completely straightforward.

I don't know much how this works hence post.

It sounds more like a probate sale than POA.

How does this work? Do you approve of the price or does the POA?

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

is this what you mean?

And yes I’d buy a house from an executor.

presumably they’re wanting the cash from the sale!

I'm fairly certain he said POA BUT maybe I should check.

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

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).

The estate agent said POA.

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

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.

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 .

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.

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.

The solicitors will be the executors then.

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

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.

Power of Attorney ends with the death of the doner.

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.

Does that mean they have to approve of the property?