Q: What happens if a POA (for one of the owners of home) is not approved by title company transferring title to buyer?
We are selling our home in PSL. My father, (on the title as one of the owners) has Alzheimer's, and the title company is not approving the POA we have provided. Can the buyer's sue us because of this? Should we seek legal representation?
A: Actually you should have had legal representation way before this. The contract you signed has provisions as to how much time you have to clear title problems. You need to consult with an attorney to determine whether the POA is viable, despite the title company problem with it. The worst scenario is that you will need to set up a guardianship for your father to appoint a guardian who would have the authority to complete the sale. This may take longer than the cure period provided in your contract, at that point it would be up the the proposed buyer as to whether they want to extend the contract or terminate the contract and have their deposit returned. Your best bet now is to get to a transactional real estate attorney as soon as feasible, for his/her opinion on your situation and what you need to do to cure your problem.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.