Selling House with Power of Attorney / LPA

Lasting power of attorney is one way that you can overcome potential legal complications with trying to sell the property of a loved one who is unable to handle the sale on their own.

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Your top questions when selling a property with power of attorney

✅ How does power of attorney/lasting power of attorney apply to selling a home?

Lasting power of attorney (LPA) is a process through which someone that owns a property can assign a trusted relative or friend to a position known as attorney, giving them the legal authority to handle certain property and financial affairs like selling the owner’s home. It’s often used in situations where the owner no longer has the mental capacity to handle these tasks.

✅ What steps need to be taken to sell a house or flat with power of attorney/LPA?

If there is no LPA in place then you will need to seek an order from the Court of Protection to allow you to proceed with trying to sell someone’s home. But if you have an LPA then the other important steps to take include registering it with the Office of the Public Guardian, having full legal authority to pursue the sale of the home and selling in the best interests of the owner.

✅ If the power of attorney/LPA is shared by more than one person, can I sell the home?

Yes, you are still able to proceed with the sale of a person’s property when the LPA/power of attorney is shared among two or more people, but there could be some additional steps to go through. Check with a legal professional as in some cases you can make property sale decisions alone whereas other scenarios may require consulting with the other people.

✅ What happens to the proceeds from the sale of a home with power of attorney/LPA?

In many cases, the LPA/power of attorney documents will specify how any profit made from the sale of a person’s property is to be spent. But if there are no clear instructions for how to spend such proceeds then you as the attorney are expected to use the funds in the best interests of the property owner, for example by using them to pay for their long-term stay in a care home.

✅ What is the quickest option for selling a property with power of attorney/LPA?

By far the fastest way to sell practically any category of freehold or leasehold property is by contacting LDN Properties or another quick buyer, as they should only take a handful of weeks to complete all the important steps such as exchanging contracts any paying you the full proceeds. All other methods of selling a home will often take several months or longer.

✅ Will I pay commission on the sale of a flat or house with LPA/power of attorney?

Only if you choose to sell the property using the services of either an auctioneer or an estate agent, because they will make you pay commission that will be subtracted from the final sale proceeds. But if you instead opt for selling the house or flat without any such assistance, or you sell to a no-fee quick buyer such as LDN Properties, then you will not pay any commission.

✅ Can I be sure to trust a quick buyer when selling a home with power of attorney/LPA?

For additional peace of mind, you can ask quick buyers if they can prove they are registered wit The Property Ombudsman (TPO), an independent organisation that writes rules to guard owners against scams in the industry. All TPO members, like LDN Properties, commit to following these rules, so that should you give you assurance when selling to them.

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