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Alex J.
Alex J., Solicitor
Category: Property Law
Satisfied Customers: 3493
Experience:  Two years conveyancing experience.
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General Power of Attorney

Customer Question

How to end a general power of attorney for a commercial estate with an agent when the agent had been found unfaithful doing the work by stealing some of the rent? Can I end it at any time? What should I do to make this legally? Can the attorney sell the property for his benefit without noticing me or transfer the property to his name? Should I report the unfaithful issues to the police?

Submitted: 3 years ago.
Category: Property Law
Expert:  Alex J. replied 3 years ago.
Hi

Thank you for your question.

A general power of attorney can be revoked by:
1. A deed of revocation;

2. Or by taking any action inconsistent with the power of attorney.

If the attorney still tries to exercise the power having been given notice of its termination then potentially that is fraud and could be reported to the police.

I suggest that you issue a deed of revocation and then send it to your banks and land registry. Firstly you must be careful to check that you have not given the attorney an indemnity for any lossless or expenses he may have incurred.

I look forward to hearing from you.

Kind regards

AJ
Customer: replied 3 years ago.

Sorry, I just got your answer. I am quite confused about what does the last sentence mean?

 

How to make a deed of revocation officially and legally? It is kind of you if you can have a look of the attorney contract that I have sighed before and the deed of revocation have drafted.

 

Thank you.

Expert:  Alex J. replied 3 years ago.
Hi

Thank you.

No problem. Often a general power of attorney will contain a clause saying that you will hold the attorney harmless from any loss he may suffer from exercising the power.

Has the attorney actually done anything yet? Ie signed any documents or accessed any bank accounts?

Kind regards

AJ
Customer: replied 3 years ago.

He sighed a new tenant agreement with the tenant without my agreement. Can I end the attorney immediately even on the attorney contract the expire day of the power of attorney is not now?

Expert:  Alex J. replied 3 years ago.
Hi

Thank you.

So to clarify the attorney has signed you up to a tenancy agreement but did so after the Power of Attorney Expired?

You can withdraw the power of attorney at any time.

Do you have a copy of the tenancy agreement that has been signed in your name?

Kind regards

AJ

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