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NSW Selling Property - What Should I Do?

Discussion in 'Property Law Forum' started by Ferri, 2 December 2014.

  1. Ferri

    Ferri Member

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    Hi.
    I live in Sydney. I wish to ask legal question regarding property I have bought.
    The property is in under my name primarily and my brother in law.
    The monthly mortgage repayment is under my account. I wish to sell the house very soon and unfortunately my brother in law is moving out of Australia for good. He has given me an authority to sell it in future and the sale funds can go under my account 100% since he has moved. The profit will be dealt with personally between me and him.

    What legal documents will I need to sell the house? Is there a way I can remove his name and I will be in charge of selling the property? Is it permissible to sell the house without his presence?

    Can anyone please provide me with the legal answer to this?

    Thank you
     
  2. Rod

    Rod Well-Known Member

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    A general power of attorney may be able to do the job, limit the power of attorney though to only the selling of the house at 'x address'.
     
  3. Ferri

    Ferri Member

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    Hi rod,

    Thanks for your reply. I wish I can ask the question to the attorney but it's an consultation of $440. Question is only yes or no, that I need.
     
  4. Rod

    Rod Well-Known Member

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    You asked 3 questions. I answered the first question in relation to your brother-in-law being unavailable to sign legal documents.

    The second question about removing his name, is I assume about removing his name from the title. Ans: Not easily and probably not without paying unnecessary costs. See answer to first question.

    Answer to 3rd question: Yes
     
  5. Ferri

    Ferri Member

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    Hi rod,

    My apologies. My accurate question is, if he is moved overseas. He is able to sign any documents related
    To him. The issue he is not able to be here (Australia) at present.
    Is it permissible if he sign the documents by sending the documents overseas for him to sign and send it back here make the selling process valid?

    Thanks
     
  6. Rod

    Rod Well-Known Member

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    Yes. Location of the individual is not important for this kind of transaction. It can be messy, but is doable.
     
  7. Ferri

    Ferri Member

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    Ok, great! Thank you for answering my questions.

    Kind regards,
    Ferri

    Cheers
     
  8. Rod

    Rod Well-Known Member

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    NP, btw, mention to your agent that the other owner will be overseas and may be hard to reach and may take time to get documents back from him. They may also be able to give you advice on the best way to make it easier.
     

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