Q: Have a purchase /sales contract for vacant lot in Florida, Im the seller. Contract executed 1/29/21 with closing date
30 days from 1/29. I signed as POA for my father who owned lot with my mother due to him being incapacitated. Title company refused to accept POA, b/c only 1 witness. I tried to remedy by contacting lawyer who executed POA, but attorney is retired and won't sign affidavit for title company. I tried to remedy this situation to no avail.
Since then my father passed away.
Is this buy/sell contract still valid &
enforceable due to these circumstances?
A:
A power of attorney must be signed by the principal and by two witnesses to the principal’s signature, and a notary must acknowledge the principal’s signature for the power of attorney to be properly executed and valid under Florida law. There are exceptions for military powers of attorney and for powers of attorney created under the laws of another state.
Whether POA is valid depends on other factors such as, If you have it notarized, notary can be counted as a witness too, or if your father was capable of entering into POA at time of issuing. You should consult an attorney.
A:
1. Since the vacant lot was owned jointly by your mother and father, the POA you had from your father could not be used to sign for your mother-who I am guessing is still alive?
2. And now, since your father is deceased, his POA is void because all POAs die with the grantor.
3. Adding insult to injury, since the closing was supposed to occur by Mach 1, 2021, the delay has probably voided the sales contract.
4. That means you must repay any earnest money the buyer gave you because the deal is off.
5. However, if the BUYER still wants the house, you should start over and do it correctly this time. Or
6. The BUYER might sue you.
1 user found this answer helpful
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