Where do I stand? - Probate Delay

paradigm_2

Hi guys, can I ask you all some advice please?

Disclaimer: I am a first time buyer so this may come across as somewhat naive so apologies in advance

I'm a first time buyer who is currently waiting for the purchase to go through but it is being stalled by probate.
The offer was accepted in early November on the understanding (!) between all parties that it would be a "quick sale" and I would more than likely be in by the new year. All seemed to be going well in Nov and into early Dec; I applied for the C&G morgage and got accepted no problems, instructed solicitors, had the survey done (all fine) but since then nothing at all has happened.

Having spoken to the estate agents almost daily (which I'm sure they're not too fond of) I finally found this week out that I am waiting on the probate.
Does anyone know the standard sort of time scales around this process?
Should this have been complete before the house went on the market?
Should I have been made aware that the probate was in place at the point of making the offer?

Where do I stand in terms of making deadlines for the seller to get the probate sorted out? (I understand the poor chap is morning his father so I dont want to be too bullish)

Would it be wrong to drop my offer if the aforementioned deadline was agreed (not likely in itself) and then broken? - I know this is not a great idea due to the market rising at the moment, I dont want to loose the house!

Has anyone had experience of the probate causing huge problems?

So many questions for a first post but I thank you in advance for any responses

Forgot to mention that due to me thinking (naively or otherwise) I would be in the new house by the new year I ended my rented contract where I was so am now effectively homeless (living on a friends floor!). My own fault? Yes, unfortunately, but it just shows how desparate I am to get this sorted out

foreversummer

Hi paradigm

Welcome to the board. Have you asked your solicitor what the current situation is? Your solicitor should be able to give you much more information that the estate agent.

Foreversummer

paradigm_2

Hi Foreversummer,

Many thanks for the quick reply

Yes, I have spoken to my solicitor alot about this but they are adamant they cannot proceed (even with the land searches) until they have everything, including the probate. They said they have received part of the contract from the sellers solicitors but by no means the complete, actionable contract.

I dont think my solicitor can proceed with this but I could well be wrong.....

Paradigm

Conrad

All houses in England are sold 'subject to contract' and probabte is one of the items that needs to be dealt with in order for that very contract to come about.

I'm afraid you have no rights. Sure you can set a deadline but the seller is under no obligation to even respond.

I know it's frustrating but you need to see this from all sides not just your own.
Put yourself in the position of dealing with an estate if your parents died. The last thing on your minde might be to rush and in any event you may have no need particulalry of a quick sale so any buyers demands / needs may be of zero relevance to you.

The seller will know prices are rising so your'e demands may be of no consequence as they may feel they could sell for more now anyway.

Probate can be messy and involve several beneficiaries. It's common to find beneficiaries squablling over when to sell, whether to sell. the price, which agent to use or even things like whether they or thier loved ones want to to have the property for themselves.

So you have a simple choice;

1) Set a deadline and risk killing the deal

2) Sit out

No one but jo one could possibly advise you without having an intimate knowledge of the minds of the sellers, and even then it would be a guess.

ritz55

How strange, I'm also purchasing a house which I put an offer in on November which is a probate and am currently waiting to exchange as well. Once the probate is applied for, it will normally take 6 weeks in a straight forward case, where the will has been made. I do think the Agent should have made you aware of the situation when you made an offer.

Ask the estate agent to find out if it is a straight forward probate otherwise it can take months to sort out. If not a straight forward probate then maybe best to walk away. If straight forward then would allow for at least another month for exchange.

Estate agents always give move in date which is generally not possible when they sell the house. I was told the same but as my father has purchased and sold many houses over the years just accept this as normal.

paradigm_2

Conrad wrote: »

So you have a simple choice;

1) Set a deadline and risk killing the deal

2) Sit out

Thanks Conrad, I was hoping that wouldn't be the answer but was fully expecting it

I'll be taking option 2 I think!

Thrugelmir

Out of interest who were the "sellers" that accepted your offer?

paradigm_2

Thrugelmir wrote: »

Out of interest who were the "sellers" that accepted your offer?

I think it was the son who accepted the offer...