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Selling house with POA

Vivnewcastle

Registered User
Aug 29, 2013
4
I am an only child and have registered POA's for each of my parents, who have both been in residential care for 18 months+. I am selling their property, to assist with care home fees and the conveyancing has been progressing. I have received an email from my solicitor saying the purchasers are raising a technical legal issue with regard to the Lasting Powers of Attorney which is currently being investigated and may delay completion. They are querying whether I am able to transfer the property as Attorney solely for both of my parents. Help, I cannot see what the problem is. I have no interest in the property and the proceeds are to be invested in their name.
Any guidance
 

sue38

Registered User
Mar 6, 2007
10,849
52
Wigan, Lancs
Hi Viv. It seems from your post that your parents' property is in their joint names, and that you are selling the property as sole attorney for both of them. Is that the case?

I think the problem you may have is that whenever you have more than one owner of a property you have a trust, and that where you have a trust you need at least two trustees/sellers to sign the documents to sell. And there is just you.

This can be overcome by the appointment of a second trustee which need not be too complicated or expensive. Your solicitors should be able to advise you on this.
 

jugglingmum

Registered User
Jan 5, 2014
5,873
Chester
I would have thought that you would need to sign the document twice as attorney for your dad and for your mum.

sounds like they haven't come across this before and are just checking it out.

I'm not sure about 2 owners creating a trust but think you need 2 signatures, one for each interested party but you should be able to sign twice. Try phoning the OPG as they are normally helpful.
 

nmintueo

Registered User
Jun 28, 2011
845
UK
Curious. But can't your solicitor explain what the precise issue is? He's in a better position to know than us ...
 

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