Power of sale and estate sales: what is different

Doorvia Guides · April 26, 2026

Power of sale and estate sales: what is different

Expect no warranties, limited disclosure, unusual clauses and sometimes no vacant-possession certainty.

In a power of sale, a lender is selling the property after a borrower default. In an estate sale, an executor is selling on behalf of a deceased owner's estate. In both cases the seller has little personal knowledge of the property and will offer minimal representations or warranties.

Expect amended standard clauses, longer response times because a lender or executor must approve, an as-is sale, and occasionally uncertainty about occupancy or the condition of appliances and systems.

These sales can be good value, but the diligence burden shifts to you. Budget for a full inspection, have your lawyer review the amended schedule before you sign, and confirm arrears of taxes or condo fees.

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