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Vendor has died during buying process
hairypete1138
Posts: 1 Newbie
My wife and I are in the process of buying our first house. There is no chain at either end, and our solicitor was confident that we would complete by the end of September at the latest. Given this, we informed our letting agents that we would not be renewing the contract on where we are now when it expires in the middle of October.
However, I have been informed today that sadly the person we are buying from died this week. Their child who will inherit the house is still happy to go ahead with the sale, but obviously the house needs to go through probate and pass into their ownership before it can be sold. Our solicitor has told me that this should take no more than a couple of weeks, which shouldn't cause any problems for us. However, the agents selling the house have said that it could delay the process by up to a month, which would obviously put us at risk of having nowhere to live.
I'm trying not to panic about this too much, as I trust our solicitor completely, but I was wondering if this had happened to anyone else, and if so, what was the outcome?
However, I have been informed today that sadly the person we are buying from died this week. Their child who will inherit the house is still happy to go ahead with the sale, but obviously the house needs to go through probate and pass into their ownership before it can be sold. Our solicitor has told me that this should take no more than a couple of weeks, which shouldn't cause any problems for us. However, the agents selling the house have said that it could delay the process by up to a month, which would obviously put us at risk of having nowhere to live.
I'm trying not to panic about this too much, as I trust our solicitor completely, but I was wondering if this had happened to anyone else, and if so, what was the outcome?
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hairypete1138 wrote: »My wife and I are in the process of buying our first house. There is no chain at either end, and our solicitor was confident that we would complete by the end of September at the latest. Given this, we informed our letting agents that we would not be renewing the contract on where we are now when it expires in the middle of October.
However, I have been informed today that sadly the person we are buying from died this week. Their child who will inherit the house is still happy to go ahead with the sale, but obviously the house needs to go through probate and pass into their ownership before it can be sold. Our solicitor has told me that this should take no more than a couple of weeks, which shouldn't cause any problems for us. However, the agents selling the house have said that it could delay the process by up to a month, which would obviously put us at risk of having nowhere to live.
I'm trying not to panic about this too much, as I trust our solicitor completely, but I was wondering if this had happened to anyone else, and if so, what was the outcome?
Even if you've given notice you don't *have* to leave, first off *talk* to the LL and see if any flexibility - often LLs push new tenants to take property the day it becomes free and they don't actually want to move in that soon as still paying for notice at old place... if push came to shove you can stay put and the LL would have to go the formal eviction route but given a few weeks only it would never get that far... your LL will hate you and it is messing him and new tenants around BUT I'm guessing once you've bought your own house you won't care about his reference.0 -
I have experience of this and it can take a while to sort out, depending on a few factors.
First thing is to talk to the LL and tell him what has happened if he does not have any tennants to move in straight away its not going to be an issue, if he does then have you somewhere you can go?
Considering the circumstances the new owner may allow you to store some stuff at the house, an agreeement with a sol would have to be drawn up, or use a storage company.0 -
probate - few weeks?
I think that's wildly optimistic.0 -
Yup,more like a few months,if your lucky.probate - few weeks?
I think that's wildly optimistic.0 -
house up the road is waiting to go through probate and he died just after Christmas.0
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poppysarah wrote: »probate - few weeks?
I think that's wildly optimistic.
Probate can easily be granted within a few weeks if the executor pulls their finger out (so solicitors aren't involved, lol). Depends how complicated the vendor's affairs are. If the beneficiary is the executor he has an incentive to sort it out quickly, so he doesn't lose you as a buyer.
As others have said, speak to the LL asap. Offer to give him several weeks notice, maybe allow viewings, and be generally accommodating. You could ask for a few weeks between exchange and completion so that you won't lose out on rent, and your LL will have time to find another tenant.0 -
Best thing to do would be to move all your stuff into storage and maybe stay in a travel-lodge or something until you can move in. I would say that is probably the easiest thing to do in the circumstances.0
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What about renting the property you will be buying until the sale goes through?0
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You don't have to reneww the contract where you are but you can extend your stay - get on to the LA quickly and let them know.
Do not think about paying for hotels or anything like that for "a week" because if it's 8 months you'll be skint!0 -
Nah, you can get rooms in a travel lodge from £19 a night. The only difficult thing will be getting food though, that could turn out expensive if you have to buy it every daypoppysarah wrote: »You don't have to reneww the contract where you are but you can extend your stay - get on to the LA quickly and let them know.
Do not think about paying for hotels or anything like that for "a week" because if it's 8 months you'll be skint!
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