House sale - Seller incapacitated but has an LPA

[LivewareProblem]

Hello,

We were due to exchange today on a house purchase from an old chap who has moved into a care home but unfortunately he's been hospitalised and we're being told nothing can be done because a different solicitors are holding the lasting power of attorney.

I didn't want to come across as insensitive to the family so haven't really questioned or pushed anything but what happens now? as the contracts were signed, just not exchanged.

Are the contracts amended so the other solicitor/LPA signs on his behalf and then we exchange? or is it a bit more complicated than that?


Cheers,

[JustinP1]

This is one to ask your own solicitor!

You may get a range of advice on here, but none of it will be indemnified.

[LivewareProblem]

JustinP1 said:

This is one to ask your own solicitor!

You may get a range of advice on here, but none of it will be indemnified.

I am awaiting a call back from them, its just an odd situation I've never been in, wanted to know if anyone else has something similar

[DanL]

Currently moving myself. Regardless of what has been signed, until the contracts have exchanged nothing is set in stone, and the parties can walk away.

Hoping to exchange today!

[Beggarall]

Interesting situation. We had a similar circumstance when we sold my mother's house except that I held LPA and dealt with all the legal aspects of the transaction. It is not clear whether the old man initiated this transaction and signed the contracts or whether the solicitor who held LPA did. If the latter then it should be fairly straightforward and perhaps the only concern is that the seller gets better - meaning survives this illness. If the old man initiated the sale and signed the contracts then the LPA will have to ensure that actions are in keeping with the old man's wishes and carried out in his best interests. Was the seller of sound mind? Are there any other family involved? Will be interested to see how this pans out.

[LivewareProblem]

Beggarall said:

Interesting situation. We had a similar circumstance when we sold my mother's house except that I held LPA and dealt with all the legal aspects of the transaction. It is not clear whether the old man initiated this transaction and signed the contracts or whether the solicitor who held LPA did. If the latter then it should be fairly straightforward and perhaps the only concern is that the seller gets better - meaning survives this illness. If the old man initiated the sale and signed the contracts then the LPA will have to ensure that actions are in keeping with the old man's wishes and carried out in his best interests. Was the seller of sound mind? Are there any other family involved? Will be interested to see how this pans out.

Bit of an update, the seller appears to no longer be of sound mind and he did initiate the sale.

His son held LPA at the time so I don't quite understand why the sale was never initiated by him if he and the seller knew of his condition, luckily however everyone in the family was on the same page about the sale.

It would appear the sellers solicitor just needs a certificate of the LPA and the contracts will be adjusted accordingly