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I have Power of Attorney for my brothers home he currently…

Customer Question
I have Power of...

I have Power of Attorney for my brothers home he currently has a land contract and I need to know if a part of the contract is broken such as In Section 6 of the contract it clearly states that the buyer can not make any alterations, additions or improvements without prior consent and since this has occurred several times does this make the contract null and void. I have also asked to come and inspect the property and was told I have no rights to the home I make the mortgage payment being POA but am told I am not legally the seller so I can not enter the property. We have given 24 hour notice only to be rejected and that is one thing that was done without our permission was changing the locks to the home. I will not turn the home over without being able to inspect the premises as I know they have done other things to the home without consent. What are my legal rights. Thanks Denise

Lawyer's Assistant: What steps have been taken so far? Has any paperwork been prepared or filed?

They have a lawyer asking for the payoff on the home we have sent letters stating that we would like to inspect the home we have messaged them but they become very nasty and tell us that the police will be waiting if we show up.

Lawyer's Assistant: Where is the home located?

Perrysville, Ohio Ashland County

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My brother is incarcerated which makes this more difficult.

Submitted: 5 months ago.Category: Real Estate Law
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Answered in 1 minute by:
3/26/2018
Real Estate Lawyer: DamienJD, Lawyer replied 5 months ago
DamienJD
DamienJD, Lawyer
Category: Real Estate Law
Satisfied Customers: 5,682
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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Real Estate Lawyer: DamienJD, Lawyer replied 5 months ago

Are you saying that your brother has a land contract with the current tenants to sell his home?

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Real Estate Lawyer: DamienJD, Lawyer replied 5 months ago

Does the Power of Attorney allow you to handle real estate transactions?

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Real Estate Lawyer: DamienJD, Lawyer replied 5 months ago

Since the Power of Attorney allows you to handle real estate transactions, most likely a court would rule that you are entitled to handle your brother's real estate finances. If you believe that the other party breached the contract, you could bring a breach of contract action on behalf of your brother, or if there is an attempt to sue you brother for some reason, you can defend your brother. If you want to inspect the property, the power of attorney should suffice. If the other party will not let you do it, you could attempt to get a court order allowing for the inspection.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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