Do I need more from the COP to sell house?

[Dino]

Hello,

(Just replied to another post I made and am very grateful for the replies)

I have a question about selling mum's house.

In my Deputyship order it states:

Authority of Deputy:

The court confers general authority on the deputy to take possession or control of the property and affairs of........and to exercise the same powers of management and investment, including selling and letting property, as she has as beneficial owner, subject to the terms and conditions set out in this order.

The Deputy may execute or sign any necessary deeds or documents.

Would I need anything else from the court concerning selling the house?

Would an estate agent/solicitor accept the document?

Just want to make sure.
Tried calling the COP but the phone just rings so will keep trying.

Thank you

 

[canary]

No you dont need anything else because it specifically says you can use it to sell your mums property. I sold mums bungalow using Court of Protection deputyship and there was no trouble

 

[Dino]

Hi canary,

Thank you!

No you dont need anything else because it specifically says you can use it to sell your mums property. I sold mums bungalow using Court of Protection deputyship and there was no trouble

 

[nitram]

I can't see there would be any problem, however I would ensure that both the solicitor acting for you and the one acting for the purchaser have sight of the deputy order at an early stage of the sale.
You don't want any queries raised towards the end of the sale process.

 

[Dino]

Hi canary,

Do you happen to know what I need to do because I don't have mum's deed to her house, to sell it?

I emailed her attorney who is the executor of her will to ask if they had the deed and they replied saying they cannot diaclose that information.

The house is registered with land registry.

Also, did you go with a solicitor or conveyencer when you sold your mum's house?

Want to make sure I have all ducks in a row especially as I'm so far away.

Thank you!

No you dont need anything else because it specifically says you can use it to sell your mums property. I sold mums bungalow using Court of Protection deputyship and there was no trouble

 

[canary]

Hi @Dino
If the house is registered with the land registry then you dont need the deeds. I had problems selling mums home as it wasnt registered with the land registry and i couldnt find the deeds. I did eventually find them (stuffed behind a chest of drawers) and the solicitor sent them off to the land registry to be registered. I was told that they would be destroyed once the property had been registered, so that might be why you cant find any.

I went with a solicitor to sell the property. They were totally unfazed to be presented with a CoP order - I had to bring in a copy on my first visit and they just photocopied it and gave it back to me. I was glad I had gone to a solicitor when they discovered that mums bungalow wasnt registered because they sorted it all out, but you should not have that problem. I dont know what difference it would make going to a conveyancer.

I also had to show the CoP order to the estate agents too so they they knew that I had the authority to sell the house. There were no problems there either, although one of the estate agents admitted that they had never seen one before.

 

[Dino]

As always thanks canary, you are a life saver.

Did you have to keep in contact with the COP throughout the sale? What price you were selling the house for etc?

I read somewhere else the COP have to agree to the price?

Of course they will see how much it sells for at the end of year report.

Was told it's cheaper going through a conveyencer.

Hi @Dino
If the house is registered with the land registry then you dont need the deeds. I had problems selling mums home as it wasnt registered with the land registry and i couldnt find the deeds. I did eventually find them (stuffed behind a chest of drawers) and the solicitor sent them off to the land registry to be registered. I was told that they would be destroyed once the property had been registered, so that might be why you cant find any.

I went with a solicitor to sell the property. They were totally unfazed to be presented with a CoP order - I had to bring in a copy on my first visit and they just photocopied it and gave it back to me. I was glad I had gone to a solicitor when they discovered that mums bungalow wasnt registered because they sorted it all out, but you should not have that problem. I dont know what difference it would make going to a conveyancer.

I also had to show the CoP order to the estate agents too so they they knew that I had the authority to sell the house. There were no problems there either, although one of the estate agents admitted that they had never seen one before.

 

[canary]

I got 3 quotes from different estate agents so that i could show that i sold mums bungalow at the market price, but I didnt have to contact them to agree the price or anything. It was 3 years ago, though, so i suppose that things might have changed. You could just double check this by phoning the OPG - 0300 4560 0300 or emailing customersevices@publicguardian.gsi.gov.uk. I had to contact them a few times and always found them helpful