Solicitors...

[silentC]

This would be even funnier if it wasn't true.

I recently signed a contract to sell our house. Because my parents are in Perth, I had to sign on their behalf. Our solicitor arranged an 'authority to sign' allowing me to do this under the Real Estate act.

When we exchanged, the purchaser's solicitor refused to accept my signature because it was not executed under a power of attorney. After much to-ing and fro-ing, he agreed to accept the signature of the Real Estate agent under a similar authority to sign.

So to summarise, he would not accept the signature of a blood relative but he would accept the signature of a real estate agent!!

Ho ho ho, hee, hee, hee.

Now isn't that the funniest thing you've ever heard?

[Termite]

Solicitors, real estate agents, used car salesmen, Ned Kelly........need I say more

[Gumby]

Sounds strange. I've never heard of an 'authority to sign'. A POA is quite common though and your solicitor should have arranged that in the first place. What state are you in ? (each has different Real Estate laws)

[silentC]

NSW. According to our solicitor, the act gives a vendor or purchaser the power to nominate someone to sign on their behalf. It's usually set up for auctions because the contracts are signed on the day. You can nominate anyone to sign for you. It can be an agent, a family member, or anyone who you trust to sign on your behalf. Our real estate agent says it's quite common.

Maybe the purchaser's solicitor is from Vic. Very likely around these parts.

[ozwinner]

Ok Silent, pack your bags.

Apparantly I now own your house....

Al :eek:

[Sturdee]

So to summarise, he would not accept the signature of a blood relative but he would accept the signature of a real estate agent!!

Actually I'm not surprised at all. Blood relatives signing on behalf of older relatives is often suspect unless it is under POA.

The questions of legalities, undue influence etc comes into play whereas the Agent is independant and has licencing obligations to consider and has malfeasance insurance.

In a previous life when I worked in a bank we often has similar situations where elderly parents went guarantor for their children or the wife to mortgage property she owned for a husband's borrowing.

As a matter of principle, and to protect the bank against subsequent claims, we insisted on independant legal advisors being used for the guarantors and independant witnesses on signing documents.

Just being prudent or does the solicitor knows you?



Peter.

[popawisky]

gumby asks what state he is in. Sounds like the state of confusion.

[silentC]

The questions of legalities, undue influence etc comes into play whereas the Agent is independant and has licencing obligations to consider and has malfeasance insurance.

True but, at least in NSW, you can send anyone to an auction to bid on your behalf. Some people use an agent, some people use a solicitor but from what our agent tells me, most people use a friend or family member. That person must be able to sign the contracts on auction day if successful. It is usually authorised with a piece of paper. You would not give your mate from the pub a power of attorney :eek:

[Wood Borer]

Ok Silent, pack your bags.

Apparantly I now own your house....

Al :eek:

Does this mean the craporium tycoon will soon be heading up a multi-national group?

Silent, I am with you on this one although I understand Sturdee's comments.

I am yet to meet a Real Estate agent who isn't dressed like a show pony, who doesn't have some annoying cheap false grinning facial expression and who doesn't rip people off. Their overbearing smart alec attitude should be grounds for a law to make it illegal for them to breed.

The only thing going for them is their apparent lack of intelligence - they may not have the brains to figure out a new rort.

I regularly meet people who buy and sell their properties and I haven't heard any good comments yet.

[silentC]

Does this mean the craporium tycoon will soon be heading up a multi-national group?

Don't worry, he'd have to sell a lot of, ehem, antiques to afford my house

[Iain]

When we bought our place the agent told the girls that they had all the open paddocks oround us where they could ride their horses, no one would mind.
The owner thought it was hilarious when I told him later, he wouldn't mind anyone chopping up 90 acres of Lucerne hay.
As for not being bright enough to think up a new rort, thats what the solicitors are for, the real estate agents then implement it.

[Slavo]

Solicitors, real estate agents, used car salesmen, Ned Kelly........need I say more

I thought Ned was a good guy

[Wood Borer]

Don't worry, he'd have to sell a lot of, ehem, antiques to afford my house

What are you talking about? Al makes genuine antiques.

As for not being bright enough to think up a new rort, thats what the solicitors are for, the real estate agents then implement it.

Thanks Iain, that makes sense now.

[Wood Borer]

I thought Ned was a good guy

Opinions on Ned have been debated on this BB previously with opinions ranging from he was a good guy - a product of his environment to a bloodthirsty murdering out of control maniac.

No matter what you think of Ned, he doesn't deserve to be categorised with Real Estate Agents.

[Sturdee]

True but, at least in NSW, you can send anyone to an auction to bid on your behalf. Some people use an agent, some people use a solicitor but from what our agent tells me, most people use a friend or family member. That person must be able to sign the contracts on auction day if successful. It is usually authorised with a piece of paper. You would not give your mate from the pub a power of attorney :eek:

True, and the person making the bid and signing the contract at auction is,and unless he can arrange for a substitute being the person he acts for to continue with the contract, responsible in law to continue and can be sued if he doesn't perform etc.


However it is a different matter for the purchaser if the seller who signs the contract is not the registered owner but claims to sign on behalf of elderly relatives.


Whilst not necessarily disagreeing with the other comments on solicitors IMO this solicitor is acting properly on their clients behalf. BTW only one of very few I have met.


Peter.