Power of Attorney Not in Place at Start of Sale?? Time Scale??

French Legal Issues

Power of Attorney Not in Place at Start of Sale?? Time Scale??


Paul 08/05/2008, 11:54

When we found a lovely house we wanted to buy, the agent advised us that the lady selling was incapable of making decisions, presumably due to a stroke or something similar.  This meant that before the sale of the house could complete the family needed to apply through the courts for power of attorney.  They advised us that this would mean that the sale would take a little longer to go through, up to 3 months.  We are now up to 6 months and we are no further along.  Has anyone come across this situation?  Any ideas of the time scale it might take to complete?  Is there anything we can do to speed things up?  The agent appears to be as frustrated as us, but it is difficult to tell when they are there and we are here in the UK!

Would appreciate any comments.  Thanks very much.

Paul

Re: Power of Attorney Not in Place at Start of Sale?? Time Scale??


Sunday Driver 08/05/2008, 12:18

You are totally dependent upon the seller's family getting their act together and applying for POA - then the court processing their application.  Not a lot you can do, really.

Contact your agent and ask for a progress report and a revised estimate of the likely delay.

 

 


Waddya mean it's only Saturday......

Re: Power of Attorney Not in Place at Start of Sale?? Time Scale??


Markradland 08/05/2008, 15:25

Paul

We were in a similar situation six years ago here .The house we were after was being sold by an elderly lady and her son. The lady was in a home and had developed Alzheimer’s. The son had to apply to the courts for the French equivalent to a power of attorney and then had to go to court again to get permission to actually sell the house. All this took the better part of a year. We did not mind this as the price was fixed and it gave us more time to save up. Hope this helps.

 

Regards

 

Mark

 

Re: Power of Attorney Not in Place at Start of Sale?? Time Scale??


Paul 08/05/2008, 21:40

Thanks - I think we are just going to have to wait by the sounds of it!  Do you think it would be worth talking to our Notaire.  We have not had any direct contact with her, only through the agent.

Regards

Paul

Re: Power of Attorney Not in Place at Start of Sale?? Time Scale??


geoff 09/05/2008, 8:14
 Paul wrote:

When we found a lovely house we wanted to buy, the agent advised us that the lady selling was incapable of making decisions, presumably due to a stroke or something similar.  This meant that before the sale of the house could complete the family needed to apply through the courts for power of attorney.  They advised us that this would mean that the sale would take a little longer to go through, up to 3 months.  We are now up to 6 months and we are no further along.  Has anyone come across this situation?  Any ideas of the time scale it might take to complete?  Is there anything we can do to speed things up?  The agent appears to be as frustrated as us, but it is difficult to tell when they are there and we are here in the UK!

Would appreciate any comments.  Thanks very much.

Paul

Have you made a offer on this house.

Doing that could help to put there minds in gear.

The French love argent (money).


G

Re: Power of Attorney Not in Place at Start of Sale?? Time Scale??


Paul 09/05/2008, 11:21

Yes, offer was accepted in November and deposit paid in January.  We are cash buyers and have made that clear, hoping that would get them shifted!

Regards,

 

Paul

Re: Power of Attorney Not in Place at Start of Sale?? Time Scale??


geoff 09/05/2008, 17:17
 Paul wrote:

Yes, offer was accepted in November and deposit paid in January.  We are cash buyers and have made that clear, hoping that would get them shifted!

Regards,

 

Paul

Well it takes sum understanding then,i would just keep pressure on.


G

Re: Power of Attorney Not in Place at Start of Sale?? Time Scale??


Cat 09/05/2008, 17:25

Is your Notaire the same one acting for both parties in the sale of the house?  I would say that it would be worth speaking to her, as she should be more up to date on proceedings, and how long you might reasonably have to wait, than the agent.

 


Cathy


Always keep your words soft and sweet, just in case you have to eat them.

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