Legal Question in Real Estate Law in Massachusetts

farm sold under POA?

If the POA holder acted in good faith stepping into the shows of the father, and the bank reasonably relied on the POA and the representations, then the original deal counts. Any subsequent changes after the deal is completed or the essential agreement is done, is not binding on the buyer.

If you would like to discuss this contact me.

Re: farm sold under POA

Your question is rather hazy, but the gist of it suggests that you really need to speak with an attorney.

It is not entirely clear from your question, but it appears that the land involved may be in another state, and the laws of that state pertaining to real property would likely apply, if that is the case.

(Note that farmland can be subject to a variety of restrictions, especially relating to real estate tax, which can be subject to recapture if the use is not continued, and in some cases, may need to be first offered to the local jurisdiction if that is the case.)

Also, since you mention Alzheimer's, compentency to execute a deed may be implicated. Your husband may need to ratify whatever your father-in-law proposes to do.

Unfortunately, banks sometimes ask agents acting under a PoA to sign an indemnification agreement to protect the bank in case there is disagreement between the principal (father-in-law) and agent (husband).

If you need assistance in reviewing what has been done, and in determining whether an attorney in your father-in-law's state should be contacted, please feel free to contact my office.

Re: farm sold under POA

You may need the consent of the Buyer to make these changes as well as the bank. If they don't agree your father may have to go to court to get the title corrected.

Without the details no one can really advise you. If your husband made changes to the deal based on the representations of the bank and they were wrong, then there may be basis to require the changes.

Please feel free to contact me if you have more questions.