The Lemon Fool

Hi all

I am looking to sell a flat that's legally owned by mum. She can't cope with any of this stuff.

Firstly, I wanted to ask if anyone has experience of this? I know how it should work in theory but in practice, it doesn't always happen that way.

Secondly, on that basis, does it make more sense to use a solicitor and estate agent based near mum in case they do ask for signatures?

I am miles from mum and the flat is miles from either of us!

Thank you.

Can you clarify if there is already a POA in force? And which type (general power, EPA, Financial LPA)? Does your Mum have capacity?

We sold my Dads house

Estate agent just let us put the thing on the market with my wife just telling them she was acting for my father. They never spoke to him or asked for any paperwork.

Solicitor wanted copies of the EPA and copy of the will (in case he died I assume) which showed me as the attorney/executor. He spoke to my wife and she basically told him what was happening however I had to sign everything

Paul

If there’s a POA it should be a doddle.

Otherwise, If mum is legally competent, equally it should be very easy for her to appoint you as her “agent” and tell both solicitors and estate agents to deal with you instead of her. Some companies get very awkward with this, claiming data protection laws et al. But if mum has given her explicit permission then they’re just failing to understand the rules. If were me, I would discuss with the companies involved at the start and ensure they are happy to proceed on this basis. They may need a 3 way meeting at the start, or more likely a signed letter from your mum to make sure everything is legit.

At the moment especially, an awful lot can be done online, phone or by letter. So physical locations shouldn’t be much of a problem. A couple of months ago I retained a solicitor for a rental contract, and the whole operation was concluded without us ever meeting. In fact, he was only a few miles away, but he could have been at the other end of the country for all it mattered.

Estate agent needs to be local to the property, not the vendor.

Gryff

Thank you

I have LPA for financial and property affairs, registered July 2019.

Legally mum has capacity but she is 82 and unable to deal with the sale of a property and all that involves.

My main concern is the location of a solicitor. If we get one near me, which is most practical for me, then it might require some very expensive taxis if mum has to sign things. Like a £60 round trip!

Thank you.

At the moment even solicitors are not at all keen on people visiting their offices. Most are working from home anyway, and prefer to do things by email, phone or post.

Whether this will change as COVID restrictions are lifted I don’t know. But I suspect they’re quite liking how things work right now.

Atb

Gryff

There were no problems selling my mother's house under the old power of attorney prior to the existence of the new attorney arrangements. The solicitor and estate agent wanted to see the power of attorney document and that was it.

I signed the relevant documentation and the house was sold by the agent on the day it went up for sale. The money was transferred by the solicitor into an account in my mother's name over which we had already ensured they were aware of the existence of the power of attorney. All very straightforward.

Thanks for the replies, encouraging so far

When I bought my current flat, I used a conveyancing company online.

I had to get my signature witnessed a few times though, which was easy enough as I was in the office. I'm not sure how easy that would be this time so I wonder how solicitors are handling that?

Or maybe witnessing stuff is considered less necessary now, 12 years later, with other fraud checks in place?

Sunnypad wrote:Thank you

I have LPA for financial and property affairs, registered July 2019.

Legally mum has capacity but she is 82 and unable to deal with the sale of a property and all that involves.

My main concern is the location of a solicitor. If we get one near me, which is most practical for me, then it might require some very expensive taxis if mum has to sign things. Like a £60 round trip!

Thank you.

I did this last year for my 84 year old mother. The solicitors/conveyancers were over 100 miles away and everything was digital between us and the solicitors. We did meet ourselves on 2 or 3 occasions for signing, but then scanned to send off.

best wishes
B

Sunnypad wrote:My main concern is the location of a solicitor. If we get one near me, which is most practical for me, then it might require some very expensive taxis if mum has to sign things. Like a £60 round trip!

When we moved we never met our solicitors, everything was organised remotely.
When they needed signatures we signed, scanned and emailed.
And that was before covid.
Edit: They were recommended by our estate agents, so it is possible they were reassured by the estate agent having verified our identities.

Really helpful, thank you everyone.

The latest house sale I was involved with (which was in the last 6 months) I had to send the usual utility bill/bank statement stuff as proof of address to the solicitor in the post. With regard to proof of identity (passport, driving licence etc.) they used a third party who verify it by you taking photos of yourself and your passport (or driving licence) and uploading them to their website. They then confirm it all with the solicitor. I didn't have to leave my house other than to post documents.

You should ensure whatever solicitor you choose offers such a facility.

fisher wrote:The latest house sale I was involved with (which was in the last 6 months) I had to send the usual utility bill/bank statement stuff as proof of address to the solicitor in the post. With regard to proof of identity (passport, driving licence etc.) they used a third party who verify it by you taking photos of yourself and your passport (or driving licence) and uploading them to their website. They then confirm it all with the solicitor. I didn't have to leave my house other than to post documents.

You should ensure whatever solicitor you choose offers such a facility.

That sounds complicated. I'd rather pop to the solicitor office and show the documents, was that option available?

When I make enquiries tomorrow, I will ask how much face to face they are doing, I'd sooner go with whoever offers face to face options. I'm not thrilled about uploading photos of ID to a website.

Sunnypad wrote:

fisher wrote:The latest house sale I was involved with (which was in the last 6 months) I had to send the usual utility bill/bank statement stuff as proof of address to the solicitor in the post. With regard to proof of identity (passport, driving licence etc.) they used a third party who verify it by you taking photos of yourself and your passport (or driving licence) and uploading them to their website. They then confirm it all with the solicitor. I didn't have to leave my house other than to post documents.

You should ensure whatever solicitor you choose offers such a facility.

That sounds complicated. I'd rather pop to the solicitor office and show the documents, was that option available?

When I make enquiries tomorrow, I will ask how much face to face they are doing, I'd sooner go with whoever offers face to face options. I'm not thrilled about uploading photos of ID to a website.

A few months ago I showed the documents over Zoom to the solicitor's receptionist - no probs.

Thanks Scrumpy

Sunnypad wrote:

fisher wrote:The latest house sale I was involved with (which was in the last 6 months) I had to send the usual utility bill/bank statement stuff as proof of address to the solicitor in the post. With regard to proof of identity (passport, driving licence etc.) they used a third party who verify it by you taking photos of yourself and your passport (or driving licence) and uploading them to their website. They then confirm it all with the solicitor. I didn't have to leave my house other than to post documents.

You should ensure whatever solicitor you choose offers such a facility.

That sounds complicated. I'd rather pop to the solicitor office and show the documents, was that option available?

When I make enquiries tomorrow, I will ask how much face to face they are doing, I'd sooner go with whoever offers face to face options. I'm not thrilled about uploading photos of ID to a website.

Yes - face to face was an option, but they were 60 miles from me and it was a few months ago when we weren't supposed to do unnecessary travel. I didn't find the online verification complicated but I'm sure you'll easily find a local solicitor who will do face to face checks if you prefer.

I sold my godmothers house using an LPA in 2018. We had Financial & Health/Welfare LPAs. I instructed an estate agent local to the property and a solicitor local to me. I provided both with certified copies of the LPA. They were both much easier to deal with than some of the banks when I was trying to find homes for the monies from the sale!

My godmother was in a care home & aware that the house was being sold in order to fund her care. She wasn't required to sign anything. I dealt with the entire transaction. When I completed the Property Information form there were a few things that I didn't know the answers to; such as who was responsible/ owned a fence etc. I put unknown as I could not be certain that my godmother was able to give the correct info. The buyers and their solicitor accepted this.

Currently, my husband is dealing with the same local solicitor over another matter. They have met via Zoom and all documents have been scanned, so no need to visit the office

WHens