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I have this question about whether the following contract

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Hello
I have this question about whether the following contract for the sale of a flat with a real estate agent is valid.Background
My father presently owns the flat. He is currently ill.
I am his only child, and I will most likely inherent the flat.
I want to sell the flat, but I do not have a power of attorney from my father or anything really.Question
If I sign a contract for the sale of the flat with a real estate agent, will it be a valid contract?

 

Hi

 

Thanks for your question. I will try to help.

 

Yes, if you have a legal power of attorney then you have the power to bind your father to contracts in the same way as if he had signed himself.


So, if you sign the contract with the estate agent then it will be binding as against your father so that the agent will be able to sue your father for any breaches that occur (eg. Non payment of fees under the contract). It will be a valid and legally binding contract essentially.

 

 

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

 

 

Kind regards,



Tom

Customer: replied 14 days ago.
Thank you. But I now the background I did say that I do NOT have a power of attorney.

Will this fact change your answer?

My apologies. If you do not have power of attorney then you cannot bind your father to any contracts, so it's not likely they would be able to sue your father.

However, they would be able to sue you if you sign the contract, so really you need a power of attorney. You will need this anyway in order to actually sell and transfer he flat upon completion of the sale so if your father is minded to give you a power of attorney then you may consider proceeding to arrange this now.

Please remember to leave positive feedback using the stars at the top of the page.

 

 

Kind regards,


Tom

Customer: replied 14 days ago.
But how can the agent sue me for eg not selling the flat if it was not mine in the first place?

Hi,

It would be a contract claim. There will be a written contract. If you sign the written contract then it is binding on you even though you do not own the property. In fact, if you misrepresent that you own the property when you don't then not only would they be able to sue you for not paying the required fees under the contract, they may also have a separate claim against you for misrepresentation which can trigger further claims for damages.

Tom

Customer: replied 14 days ago.
I did not misrepresent anything. The real estate agent knew the situation.
Will this change your answer?

Not really, I'm afraid. If you sign the contract then it would be binding on you in terms of the fees and obligations under the contract.

Tom

 

Hi

 

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page.

 

Kind regards,

 

 

Tom

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