Certificate D for selling the house?

Discussion in 'ARCHIVE FORUM: Support discussions' started by Clive, Jun 29, 2007.

  1. Clive

    Clive Registered User

    Nov 7, 2004
    716
    Hi all !

    Has anyone had to do the following?

    We are now selling mother’s house to pay for her EMI residential home fees. We have a Registered Enduring Power of Attorney.

    The Solicitor who is handling the conveyance for us has just sent me an email saying the buyer’s solicitor is requesting “a signed form Certificate D in respect of the Enduring Power of Attorney being executed more than 12 months ago”.

    The solicitor who is handling the conveyance for us writes in his email that “it may be worth while contacting the solicitor initially instructed to deal with the Enduring Power of Attorney to assist in obtaining this”.

    Life is never easy because the Solicitor who did the Enduring Power of Attorney went out of business, and anyway was 60 miles from my house.

    I know I will be able to ring my solicitor on Monday, but I am going to worry about this all the weekend. I have Googled it but have not found an answer.

    Has anyone else been asked for this Certificate D when selling a house?

    Why is nothing simple?

    Thanks

    Clive
     
  2. sue38

    sue38 Registered User

    Mar 6, 2007
    10,856
    Wigan, Lancs
    Clive,

    I have no idea what your solicitor is talking about!

    Sometimes, although not with EPA's but with POA's, you have to do a statutory declaration confirming that the POA has not been revoked, if it is more than 12 months' old. This is a simple exercise and there is no requirement to contact the solicitor who originally drew up the EPA.

    I hope this link helps http://www.landregistry.gov.uk/assets/library/documents/lrpg009.pdf

    Sue
     
  3. Clive

    Clive Registered User

    Nov 7, 2004
    716
    Thanks

    Thanks Sue

    That was quick.

    If I had rung the Solicitor I would still be holding on waiting for the reply.

    Have read through the link and it looks as if the buyer’s solicitor has got the wrong end of the stick and our Solicitor has no idea either.

    Thanks for your help.

    I will sleep better tonight.

    Clive.
     
  4. Margaret W

    Margaret W Registered User

    Apr 28, 2007
    3,725
    North Derbyshire
    Epa

    Hi,

    Being a professional accountant and in contact with many solicitors, I know full well that any accountant or solicitor has to appoint a replacement accountant/solicitor in cases where they go out of business, or retire, or whatever, who has previously agreed to take over their clients. If your solicitor hasn't done that, he or she is in breach of the Solicitors' Regulations and you can go to the Law Society to find this out.

    I suggest you contact them to find out who was the replacement for your solicitor, and contact them. If they have not appointed a replacement, the Law Society may be able to help you.

    But if this Form D is a mistake, no need to bother with all the above, which would probably be a nightmare.

    Love

    Margaret
     
  5. CraigC

    CraigC Registered User

    Mar 21, 2003
    6,630
    London
    Hi Clive

    you had be a bit worried as we are selling mum and dad's flat at the moment to pay for fees. As far as we are concerned (and on legal advice) once the EPA is registered the buyer's solicitor just needs a certified copy of the registered EPA (a copy that has been signed and certified by a solicitor). The registered EPA is only needed for the signature at the exchange of contracts.

    One other thing that I've been told is that is some cases you also need a trustee to overlook the sale (this is normally a friend of the family or a solicitor). Pretty sure this is only a requirement if any of the attorneys’ are beneficiaries of the house sale (e.g. a partner with a part share in the house).

    Hope that helps and good luck
    Craig
     

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