A purchaser of an apartment failed to duly make payments set in the agreement and the seller sought not only to terminate the agreement but also the irrevocable power of attorney given to the buyer's attorney as part of the transaction.
The Court held that the right to terminate an agreement due to its breach is an autonomous right granted to the other party and it is exercised by a notice of termination. The termination leads to the expiry of the irrevocable power of attorney granted within the framework of the agreement. The power of attorney does not stand by itself and is subject to the right which it comes to protect. If the right is canceled - the power of attorney expires. In the present case, the attorney took steps to advance the sale transaction despite the termination notice by the seller that was duly delivered and ignoring her will. Thus, all the registration actions performed in furtherance of completing the transaction will be canceled and all the transferred funds will be refunded to the purchaser.