Legal Question in Real Estate Law in New Jersey
My sister had power of attorney for my dad. She signed a real estate contract to sell his house. We need to get out of the contract because the realtor is not doing anything he said he would do to sell the house. If my dad disolves her POA will that void the contract?
2 Answers from Attorneys
No. The validity of a contract does not depend on the contination of the power of attorney. However, if the realtor is not using reasonable efforts to sell the house, there may be other ways to avoid the contract. Call me if you would like to discuss it.
See also: http://info.corbettlaw.net/lawguru.htm
I agree with John, that the revocation of the Power does not negate the contract. However, you might be able to negate the contract based upon failure to perform by the realtor.
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