Power of attorny liability?

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30 Apr 2015 10:40 by starfox Star rating. 58 posts Send private message

I'm curious that if a seller has given power of attorny to their representative to complete the sale of their house and fails to sufficiently complete in the designated time of the contract then who faces the brunt of the liability?

Would whatever action that needs to be taken be taken against the sellers themselves or the representative?

And would that change depending whose name signed the original pre-contract, for instance if the sellers originally signed but then passed power of attorny to someone else. Are they both liable?

What if the power of attorny signed the contract and not the sellers? Basically who would be the one out of pocket?

Clearly the seller and PoA would have something to work out between them but that is a separate issue I suppose.

 





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30 Apr 2015 10:51 by steone Star rating in Santiago de la Riber.... 386 posts Send private message

In law it is very simple. When you are giving PoA that person is acting on your behalf and is carrying out the transactions as if it were you. Therefore the answer is simple... the person who gave the PoA is liable as if he himself had signed the documents.

It is vitally important that when giving PoA you restrict what they can do and how long the PoA lasts. Unless the 'giver' of the PoA is of unsound mind when there would be a lasting PoA don't just give a 'blanket' PoA.



_______________________
Stephen



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30 Apr 2015 11:03 by starfox Star rating. 58 posts Send private message

Well that would be disappointing as it's purely the negligence of the PoA responsible and I would feel more comfortable sueing them than the person they represent. I suppose whatever damages the seller has suffered due to them would be something they need to sort themselves.

This is why you hire someone with indemnity insurance and not some fly by nighter.

With any luck it wouldn't get to that point anyway, the term getting blood from a stone springs to mind.

 


This message was last edited by starfox on 30/04/2015.



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30 Apr 2015 12:24 by johnzx Star rating in Spain. 5241 posts Send private message

I agree with Steone  " the person who gave the PoA is liable as if he himself had signed the documents."

 

 





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30 Apr 2015 12:27 by johnzx Star rating in Spain. 5241 posts Send private message

I agree with Steone  " the person who gave the PoA is liable as if he himself had signed the documents."

 

 





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30 Apr 2015 17:00 by GuyT Star rating. 487 posts Send private message

"Unless the 'giver' of the PoA is of unsound mind when there would be a lasting PoA don't just give a 'blanket' PoA."

 

If the "giver" of the POA is of unsound mind he wouldn't have the capacity to give a POA. 





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