entered into a contract with owners son and found out he is not POA

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entered into a contract with owners son and found out he is not POA

I am in a bit of a situation. I am in the process of buying a house from a person whose mother, who is the owner of the house, is in a nursing home. After going under contract with her son, who claimed to have POA, and spending a sum of money on inspection fees, etc., it has been brought up that the title company has no record of his having POA. Further, the son is not able to provide the POA and he is refusing to let anyone get any signed documents from the actual owner of the house. What are my options?

Asked on June 23, 2016 under Real Estate Law, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If he is not the owner and doea not have a POA, he can't sell the house. You also can't force the mother to sell her home because of promises he made or agreements he entered into, since he had no right or authority to do those things. You can sue him to get back any deposit you've provided and recover compensation for any costs, losses, expenses you have or reasonably will incur due to his fraud (his lying about material, or important, things)...and you could also report him to the police and look to press charges.


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