Last minute "probate" issue holding up sale..:(

FUNKYDADDIO

Hi Folks, I agreed sale on a property about 9 weeks ago and at the start the vendor really pushed for a quick sale which we went along with. Now that we have sold our own house and are approaching our summer holidays they have said that they are now seeking probate, we agreed to complete originally around now, to sell the house which may take a few weeks and have impacts on our summer hols and also our sale of our property. Its really really frustrating!! Have I any recourse against this sort of thing as I need to agree completion asap?

Many thanks guys, :j

PS This is in NI if that makes any difference.

hcb42

no, nothing you can do, and if they need to sort probate, they have no choice.

SmlSave

Is it your seller that is getting probate to sell their house to you?

You say you've sold your house- so you're in rented atm?

BobQ

FUNKYDADDIO wrote: »

Hi Folks, I agreed sale on a property about 9 weeks ago and at the start the vendor really pushed for a quick sale which we went along with. Now that we have sold our own house and are approaching our summer holidays they have said that they are now seeking probate, we agreed to complete originally around now, to sell the house which may take a few weeks and have impacts on our summer hols and also our sale of our property. Its really really frustrating!! Have I any recourse against this sort of thing as I need to agree completion asap?

Many thanks guys, :j

PS This is in NI if that makes any difference.

Well if you have sold (ie signed the contract agreeing to sell) you have no alternative but to move out if you have not already done so.

If the vendor is only just seeking probate this means they have/had no legal authority to sell to you in the first place. As far as the vendor is concerned this may be just a formality (say they are the executor named in the will for example or are the only beneficiary of the estate). But you should never have sold your house on the basis that the y would complete by a certain date, unless you were willing to sell without moving into the house you expect to buy. As you have no contract you have no claim, although the "seller" appears to have given you a misleading impression.

FUNKYDADDIO

I'm holding off on completing my own until I complete on new property as I need a few Weeks to do some work. My point is they must have known about probate 9 Weeks ago but never mentioned, or evidently, dealt with it.

FUNKYDADDIO

Thanks bobq, my solicitor only found out about the probate Last minute too, through a 3 Rd party in her office!!

BobQ

FUNKYDADDIO wrote: »

I'm holding off on completing my own until I complete on new property as I need a few Weeks to do some work. My point is they must have known about probate 9 Weeks ago but never mentioned, or evidently, dealt with it.

I assume that when you say holding off on completing you mean on exchanging contracts, otherwise you would have agreed a completion date. As you imply it sounds like the solicitor has found out that there is a problem exchanging contracts because the seller does not have a valid right to sell.

During the period after a death some beneficiaries are more intrested in their inheritance and do not always realise they cannot do as they please with what they expect to inherit.