Power of attorney - Question for Conveyancy & Real Estate Agents

Who’s responsibility is it to ensure a vendor has the power of attorney document before selling a property?

Is it the selling agent or the vendor conveyancy/solicitor?

Should it be supplied, before listing or before exchange?

I have found mixed information on this topic, it would be nice to hear from a professional their opinion.

Thanks in advance.

 

We consulted our solicitor before selling my mum’s house under an enduring power of attorney. To ensure we were acting legally. According to Queensland legislation we had to have the document registered and stamped.

We then proceeded to list the property. From memory, a copy of the power of attorney was attached to the sale contract to prove we were authorised to sign.

I would expect that it is the vendor’s responsibility to ensure their documentation is in order.

However, this may differ between states so ensure any advice is relevant to the state where the property is located.

Not a professional.
Marg

 

@Marg4000 is spot on. POA must be registered with the LTO in order to deal with property.

 

Thanks @Scott No Mates.

I knew we had to register the EPOA, but could not remember with whom.
Marg

 

@Marg4000 thanks for sharing Marg.

I'm in NSW, and will need to dig deeper to see if it's a requirement here.

Marg in your situation it sounds like you raised this with the selling agent.

I am wondering what's responsibility of the agent.

Surely they should check vendors have the registered POA or at least sight the paperwork if its not attaching to the sale contract? Any real estate agents know more one this ?

@Scott No Mates - do you know more on this?

 

Terry_w you have posted re: POA wondering if you can assist?

 

Whomever is contracting.

An agent would need to see authority of an attorney to be bound by their sales agreement and the purchaser or vendor would need to know they person that they are buying or selling to has the authority to deal with someone else's property so the attorney appointment docs should be included in the contract of sale.

 

Thanks @Terry_w

We have put a deposit down on a house. Where up to the next step (exchange) and then told the buyer has a POA and is having trouble locating it. They now have to maintain a financial management order. We have asked for our money back as this will take too long.

We are wondering why these documents weren't sighted before the property was listed. We are now out of pocket (Build & Pest and Convenyancy) and wondering if we have a right to ask the selling agent to be reimbursed. @Terry_w - thoughts on this?

 

You have the right to ask the agent to do anything.

 

Yes, I'm in NSW. It takes a few weeks for it to be registered.

 

No, we didn’t raise it with the selling agent.

It’s a legal question so we raised it with our solicitor. We sorted things out before we ever approached an agent.

Never take legal advice from anyone who is not qualified.
Marg

 

I am waiting word from the conveyancer to hear if there were any legal responsibility with the selling agent in this scenario.

@Terry_w - are you saying, I can ask but good luck?

 

Can conveyancers give legal advice on something like this? What did u ask them?

 

I asked the same thing I asked here; Who’s responsibility is it to ensure a vendor has the power of attorney document before selling a property?

It's hardly advice. I am trying google this stuff and its hard to get a definitive answer. Who would be qualified to answer this?

 

You are not going to be reimbursed by the selling agent for a P&B report just because you have decided not to proceed because "We have asked for our money back as this will take too long."
The deposit monies will come back to you as you are not at the stage of unconditional exchange of contracts (vendor not signed - need POA).

You could of course just be patient and wait for the POA to be found or a new one executed. Surely this would be the best option in your case? Or have you found another property?

@Terry_w is correct in his advice to you.
"An agent would need to see authority of an attorney to be bound by their sales agreement and the purchaser or vendor would need to know they person that they are buying or selling to has the authority to deal with someone else's property so the attorney appointment docs should be included in the contract of sale".

 

I answered this above.

 

It is your responsibility as buyer of the property to make sure the person selling it actually has the legal authority to sell it.

 

Propertunity we waited nearly 3wks already and no POA. Our pre approval will run out before they obtain a replacement. We would happily purchase this property.

 

@Terry_w Unsure how it can be a buyers responsibility if a selling agent hasn't included a POA in sales contract?

 

Your pre-approval will still be OK if your circumstances have not changed since you applied - same job, same number of dependents, no new borrowings etc.