selling with Power of Attorney

[pixiemummy01]

Hello my sibling and I are selling my mother's property, she is in a care home., we have joint power of attorney, they are geographically closer to mother so they are doing the leg work, I decided to ring the EA yesterday as I thought it odd that there was no contract to sign with EA, found that my sibling had not told them that there was power of attorney for both of us, surely the EA should have insisted on looking at the POA?
The house has been on the market 8 weeks

They should have confirmed that the property is yours to sell, yes. Perhaps you need to speak to the solicitor you will be using for the conveyancing.

Is the LPA jointly, or jointly and severally?

I’m doing the same thing and although the estate agent is happy to just take my instructions, the solicitor want all 3 of us (brothers and me) to sign … sigh!

Hello the POA is both jointly and severally, but it has transpired that my sibling and her partner wanted to try and sell the property without showing the POA, they are very annoyed that I emailed the EA copy of the POA, they said the EA is a mate of theirs and is doing us a favour,,!! I have contacted our conveyancing solicitors to inform them of potential problems

Why wouldn’t they want the EA to see POA doc? Doesn’t make sense.

I’ve sold two houses as POA, can’t recall the EA wanting or needing to see the paperwork, but they were aware of it and that the sale was to fund a care home.

The solicitor we used was the elderly persons own solicitor(s)

Well those EAs were not acting within the law

you cannot accept instruction of a property from anyone aside from the owner

Surely it will come up in conveyancing enquiries by potential buyers. The Title deeds will have your Mother's name on it and due diligence will be that they see the POA. I am buying a house where one of the named individuals on the Title Deeds is dead - the surviving partner had to prove probate and a notarised copy of the death certificate.

I had to sell a relatives house under POA. My solicitor asked to see a copy as did the buyers solicitors. EA knew the situation but it was the solicitors who wanted the paperwork. At some point solicitors will need all parties to sign. Sale can't go through without all parties signed agreement