Power of Attorney and Breaking Contract with Broker

[Superman05]

Pennsylvania

Hello everyone,

Here's a situation I'm attempting to figure out what to do:

A man who is dying gives power of attorney to his ex-girlfriend. With the power of attorney, she puts up 2 of his homes for sale. She signs a contract for a 6 month listing with the broker.

A couple of months later, she tells the broker that he is too sick and withdraws the properties from the market. The sick man dies soon afterward.

Now, I am the administrator of his estate. I list the 2 properties with a different broker.

The first broker says the contract has not expired and that he is entitled to sell the property for the remainder of the contract.

Question: Who is right? Can I put up the properties for sale with a broker or do I have to abide by the power of attorney where a contract was signed when the man was alive?

My Thoughts:

I've been told, offhandedly, that death does not revoke a contract. Is this true?

Thanks a lot for your help, I really appreciate it!

 

[seniorjudge]

If she was let out of the first contract, it is as dead as he is.

A power of attorney dies with the person who gave it.



Q: I've been told, offhandedly, that death does not revoke a contract. Is this true?

A: True; read the contract. It says it binds the heirs, successors, and assigns. However, in this case, since the contract was signed by a poa and the grantor is dead, it could present a whole 'nother case.

Give us more facts on how the first contract was voided (if it was).

 

[Superman05]

Thanks for the reply.

I don't have the contract on hand right now, but the first contract was never voided. I believe in light of the fact that the man was dying, the broker allowed the listing to be removed, but the broker asserts that the contract is still alive and enforceable.

So, as you can see, it's a bit of a pickle.