Buying with potential family dispute caveat

Hi,
I am about to commit for a house in Gold Coast as an IP. I am told the mum who owns the house has Demantia hence his elder son has the power of attorney and he is now selling the house (they are living overseas).

The younger son lives close by and keep an eye on the house and seems to have some issues having the house sold - estate agent mentioned the younger son being diffcult and not cooperative for inspections or sometimes plain nasty. Hence i suspect it could have family disputes issues going.
Can you folks please advise the best way to get this sale completed successfully - i.e caveats i need in the contract or any checks i need to make to avoid future surprises.
Thanks
D
 
So long as the power of attorney is correctly registered and stamped, the son can sell the house.

Your solicitor will advise. Any caveats will have to be released before you can settle. Factor in possible delays.
Marg
 
As long as the POA is validly drafted and executed etc it will legally be effective. But the evil brother could allege the attorney is breaching duties, there was undue influence etc and this could start causing problems. He may then apply to the courts to have the attorney removed and a new one put in = possibly an independant party.

This will naturally cause delays with signing legal documents sucha s contracts, mortgage discharges and transfers (although solicitor could sign this).

Is there a caveat there now?

Either way expect delays when it comes to settle and don't assume you have a valid contract as the person signing it may not be properly appointed.
 
I have not seen the contract yet. Is the Solicitor good to confirm any caveats and ensure complete piece of mind?
The agent currently holds the keys.
 
I have not seen the contract yet. Is the Solicitor good to confirm any caveats and ensure complete piece of mind?
The agent currently holds the keys.

Title search will list any caveats. Solicitor cannot help with peace of mind because other parties can lodge caveats, commence proceedings etc.
 
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