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socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 38564
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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Do you know law real estate law
, a friend of mine

Customer Question

Customer: do you know virginia law real estate law
JA: Thanks. Can you give me any more details about your issue?
Customer: a friend of mine signed a purchase agreement with a poa who is also on of the heir of the estate. after signing, the sister died before closing. will the heirs honor the purchase agreement or the heirs are legally bound to close on the house.
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Submitted: 1 year ago.
Category: Real Estate Law
Expert:  socrateaser replied 1 year ago.

Hello,

This issue concerns the "common law of agency." Under well-established legal doctrine, a power of attorney terminates with the death of the principal. Consequently, while the agent/heir may have had the power to sign the sales contract, the heir would be without power to sign the deed. Instead, the purchaser would have a claim against the decedent's estate, and the personal representative of the estate would be required to sign the deed. If the personal representative were to refuse to sign, then the purchaser would have to sue the estate to enforce the contract and obtain a signed deed -- which could ultimately be signed by the court clerk, if the personal representative refuses to sign after being ordered to do so by the court.

The above would be the outcome in every U.S. state jurisdiction.

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