Desperately need advice- sellors solicitors gone bust and probate void

hazyjo

Average flat purchase takes about 12 weeks (give or take 2). That takes it to approx 21 October. To have presumed you'd be in by now would in my opinion be hugely optimistic!

If I were selling to you, I'd not reduce, but that's me. No need to put the thumb screws on just yet, I don't think - but you should make it clear that you have a deadline of say four weeks. I don't think they'll agree to cover your rent and storage fees (well, they might, but I'd put money on them not). Not really their problem, unfortunately.

The fact it's not a straightforward sale probably means it'll be taking longer. Maybe you should walk away now if you're not able/prepared to wait possibly another 8 weeks.

Up to you at the end of the day, but be careful they don't tell you to go whistle and you lose out on something you obviously want.

Good luck.

Jx

jw2003

njh82 wrote: »

]Estimated total 1,295.48

so only a bit more than Agents quote? Have we been duped?

Is this unreasonable?

:eek:

seems steep to me, our quote is less than half of this but I will have to dig it out to compare like for like. We used the same firm last year when we bought this place and the fees then were similar.

njh82

Would be interested to know if your costs are half the price and match up.

with regard to the 12 weeks- whilst I appreciate every sale is different, my firends have just exchanged after 6 weeks and they were in a chain! I expected it to take 8-12 weeks however our solicitors are saying that no way will it be done by then even if they recieved all the info tomorrow and also the costs will still be high. If they had warned us about the probate then we could have at least made exception for it but really they should not have put the house on the market without it and I do feel they have taken advantage of FTB who didn't really know what this meant. It was stated at the offer that we needed a quick sale so if they knew it would be like this they shoudl have informed us.

I appreciate the liklihood of us getting these costs paid or the offer lowered are very minimal but I feel like we need to do something or otherwise we are just being walked all over. both the EA and our solicitor are saying this is unacceptable from the seller so its not like we are freaking out without support.

At present house prices are crashing and there are a lot on the market that have come into our price bracket so we are in a strong position to pull out vs them having to put it back on the market- prob get offered less in current climate and also go through all this again.

Seems harsh I know but we have been strung along a lot

Hammyman

It is steep. Our actual solicitors fee was £300, not the £700 you're paying.

njh82

Hi-- wow £300 that IS a big difference.. though I read somewhere that the fee will be higher according to the purchase price- ours was £187,500 is thatmore than yours? so annoying to find all these things out as they put pressure on you to find a solicitor within 21 days , which for FTB who don't have a clue is a bit daunting

teabelly

Solictor's purchase fees vary massively. I've paid between £350 and £700 before now. Leasehold flats are more complicated. I'd be onto the EA or whoever else and tell them that unless the outstanding matters are sorted out within 2 weeks you will pull out and buy elsewhere as there are plenty of properties to choose from.

If probate hasn't been granted yet then I think that is a further minefield. If there are other properties that are cheaper now than this one then I'd consider cutting your losses and going for another. The money you save on getting something cheaper will cover what you have already spent chasing this one.

nollag2006

teabelly wrote: »

... I'd be onto the EA or whoever else and tell them that unless the outstanding matters are sorted out within 2 weeks you will pull out and buy elsewhere as there are plenty of properties to choose from.

If probate hasn't been granted yet then I think that is a further minefield. If there are other properties that are cheaper now than this one then I'd consider cutting your losses and going for another. The money you save on getting something cheaper will cover what you have already spent chasing this one.

I would echo all of that sentiment. It sounds like it is time for you to find something new unless the other side can expedite matters

One other thought is that I wouldn't be afraid to challenge your solicitors bill when it comes through. If he is the family solicitor, then he may well just back down when you challenge it. There is a discussion on a related matter here:
https://forums.moneysavingexpert.com/discussion/1735399

Best of luck with it all, and don't stress too much about it.

What will be - will be (as my local drunk sings every Saturday night)

:rotfl:

G_M

Probate is probate. Till it is granted the vendors cannot sell, however much you pressurise them.

£700 is a lot.

However if you are exempt from Stamp Duty then you'll save the £50 + VAT SDLT fee.

You need to read the full terms and conditions, but this looks like a fixed quote. 'Principal fee £700'. In other words you pay the solicitor this and they deal with your conveyancing. The other disbursement are extras, but the principal fee should be fixed, however slow/inefficient the other solicitors are.

The other solicitors might be slow because they know nothing can happen till probate is granted, so there's no reason to rush!

Answers like 'Don't know' are fairly common, especially where the vendor is not the last occupant (ie owner has died or property has been repossessed by bank). The truth is, the seller probobly really does not know!

Responses above about getting full info about management company and about planned maintenance works... I fully agree.

nollag2006

G_M wrote: »

Probate is probate. Till it is granted the vendors cannot sell, however much you pressurise them.

That could take anything up to 12 months - do you really want to wait for that?

josievg

G_M wrote: »

However if you are exempt from Stamp Duty then you'll save the £50 + VAT SDLT fee.

Sorry to hijack thread. Is this right? I am buying a property under the stamp duty threshold and therefore not paying stamp duty but solicitor says the SDLT1 form has to be completed and returned regardless.