Power of Attorney and real estate contract

[onestr8]

I am in Missouri.

I have signed a contract to purchase a house from my neighbor's family. The mother is the owner, but the daughter has durable power of attorney.

The closing was delayed and during the delay, the mother singed another sales contract. The daughter did not sign and didn't even know that the mother had done this. The mother was aware of the existing contract but is in ill mental and physical health.

What bearing does this have on my contract, if any? The daughter wants to honor my contract, but is confused as to what legally binding effect the mother's signature has, if any. My contract predates theirs and is signed by the Power Of Attorney. The mother accepted a check from the other party (made out to the wrong name) but has (obviously) not cashed it.

Any advice is appreciated.


Thank you

 

[HomeGuru]

I am in Missouri.

I have signed a contract to purchase a house from my neighbor's family. The mother is the owner, but the daughter has durable power of attorney.

The closing was delayed and during the delay, the mother singed another sales contract. The daughter did not sign and didn't even know that the mother had done this. The mother was aware of the existing contract but is in ill mental and physical health.

What bearing does this have on my contract, if any? The daughter wants to honor my contract, but is confused as to what legally binding effect the mother's signature has, if any. My contract predates theirs and is signed by the Power Of Attorney. The mother accepted a check from the other party (made out to the wrong name) but has (obviously) not cashed it.

Any advice is appreciated.


Thank you

**A: this is a very sticky situtation which requires review of a hired attorney. Without reviewing the contracts and POA, we are unable to advise over the internet. If the mother has not been adjudicated mentally unfit, then there are going to be more complicated issues.

 

[onestr8]

Thanks home guru

I have contacted my real estate attorney and am waiting for his reply. Is there anything in particular that I should look for?

It seems to me that the house was under contract and any other contract should be treated as a secondary or contingent offer (if it's even a valid contract) should my contract fall through, but I understand it might not be so cut-and-dried.

I don't think the other party has knowledge of my contract, so I guess I should have my attorney let him know.

Thanks agian and any additional advice or insight is appreciated.

 

[HomeGuru]

I have contacted my real estate attorney and am waiting for his reply. Is there anything in particular that I should look for?

It seems to me that the house was under contract and any other contract should be treated as a secondary or contingent offer (if it's even a valid contract) should my contract fall through, but I understand it might not be so cut-and-dried.

I don't think the other party has knowledge of my contract, so I guess I should have my attorney let him know.

Thanks agian and any additional advice or insight is appreciated.

**A: let your attorney know everything.

 

[onestr8]

Resolved

Notified the second contract holder that he was subordinate, showed copies of the contract and POA. Second was still upset and threatened suit until he realized a sizable bond was required and we had prepared a counter suit.

Closed yesterday. Everything done.


Thanks