Seller lacks capacity

30 replies

UpTheCreekX3 · 21/09/2023 16:25

So to give some background, we have tried to buy a house 3 times since the start of 2022. Each time the chain has fallen through, costing us ££££ with nothing to show for it. This is the third time. All this is to say I'm feeling extremely low about the whole situation and could do with some positive input.

DD is due to start school next year so we need to apply by Jan. The schools in our area are not great (secondary even worse) so we thought we'd move before she started about 25 mins down the road where they are all good/outstanding. Transaction was progressing and it looked like we'd be in for the deadline. We also have a baby due in March who currently doesn't have a bedroom so the pressure is on. And then...
EA calls to say the seller at the top of the chain (the house our vendor is buying) has been found by his solicitor to lack capacity due to having dementia and they will no longer work with him. His sons don't have POA or any right to sell on his behalf, so looks as though we are stuck. Crushed by this as it was our perfect dream home and we were so close! And it seems so mad to me that everyone in the chain still wants to go through with it (him especially as he needs the money to fund his care) yet the opinion of one conveyancer has brought it all crashing down.

So now I guess we'll have to make a decision.. do we stay where we are and try to make it work for a few more years? Go through with our sale and rent somewhere with enough space for new arrival and gets DD in the school while we keep looking? We don't have time to start looking from scratch, our buyers mortgage offer will soon expire. Can anyone see an angle on this that I haven't thought of/ offer any advice or just something to make me feel less shit? TIA

OP posts:

Original poster

UpTheCreekX3 · 25/09/2023 20:38

So I have an update on this... not really looking for advice any more just a void to scream into...

Another solicitor has been found who says he can apply for an emergency court order for the sale specifically, as it's needed for outstanding care fees and to protect a vulnerable person from being kicked out of a home. I think in this situation the solicitor themself can be the deputy. He said it will be 2-8 weeks so it looks like we may have a solution and he is happy to keep processing the sale in the meantime... great! EXCEPT

Our vendors were so spooked by this whole thing that they are now reassessing if they want to proceed. They have a (4th!) viewing of the bungalow on Wednesday when they will decide if they still want to buy it. I mean, what on earth do they gain by throwing away all the money they've already spent on fees for the sake of an 8 week delay? And that's 8 weeks from now, so might only be a week or two more than when we would have completed anyway? I mean... just... FML.

OP posts:

Flopsythebunny · 25/09/2023 20:47

Proudmum17 · 21/09/2023 17:04

No that's the whole point of financial power of attorney- you have to show they're NOT of sound mind and copy in all relatives with interest who have to agree. We did it for father in law who has advanced dementia after his wife died we copied in his brother his daughter and all grandchildren it was straight forward.

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You acted illegally then. for someone to give power of attorney they have to have capacity to do so. you can't just take over and give it to yourself.
If someone has already lost capacity you have to go through the court of protection and apply for guardianship

Flopsythebunny · 25/09/2023 20:51

Proudmum17 · 21/09/2023 16:55

Financial power of attorney took us about 8 weeks in January of this year. See if the person's relatives realise they can apply for them.

No, you they can't. It has to be in place before the person loses capacity

DepartureLounge · 26/09/2023 13:30

To be fair to your vendors @UpTheCreekX3 I guess when all of the capacity stuff blew up, they had to start thinking in terms of what life would look like if their move couldn't go ahead after all. We all try not to get emotionally invested in houses, but how can you spend all that money on one if you're not, to some extent. So they've had to dismantle their expectations, probably told themselves stuff like "not meant to be" etc, and I guess it's understandable if doing two hard U-turns in the course of less than a week is ungluing them a bit. Also, is it possible they started doing viewings again and now have a second property they're comparing the first one to? If so, it would cause a delay but your own purchase could probably still go ahead in due course.

Hopefully their extra viewing will convince them they were right first time and you can all go back to Plan A. Glad the legal situation seems on a better footing anyway. Fingers crossed for you.

LIZS · 26/09/2023 13:44

Surely this is your vendor's problem. They could find another property to buy or rent to keep the chain.

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