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Can an estate agent sell a house that's not registered?

Hello

We have 2 questions really.

We have seen a house that was inherited by some neighbours and made a private offer (at the market rate) to them for the house.

They have now decided to ask an agent to value it, and knowing that there is already an offer on the house, he has valued it way above market price. The agent has been showing people round the house and apparently has invited offers. I'm not sure the house is registered with him yet.

However, the owners admit that the house isn't even registered with the land registry as it was bough in the 1950s.

My questions are this: Can a house be sold that is not registered with the land registry? The couple say that probate has been granted, but I'm not sure how this works if the house isn't registered?

Are estate agents allowed to show round potential buyers without marketing the property, and without the property being registered with them?

Lastly...

The couple say that they have to sell the house by October. For what reason, if they have inherited, would they have a deadline to sell by October?

I'm not sure if we're being taken for a ride, or if the estate agent is working outside of their responsibilities...

M&T
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Comments

  • jbainbridge
    jbainbridge Posts: 2,024 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    I think I'm right in saying that the property will be registered when it gets sold ... can't see it being a problem.

    Your neighbours should inform the EA of your offer ... so it can be excluded from from any fees if they go ahead with you.

    I'd be surprised if the EA is marketing / doing viewing without the permission of the owner!!
  • Dan-Dan
    Dan-Dan Posts: 5,272 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    If an EA is doing viewings (i.e introducing potential buyers) without the vendors having signed anything , then he is the sort of person that usually ends up on the apprentice

    If the vendors DO have the grant of probate , then thats a good thing
    Never, under any circumstances, take a sleeping pill and a laxative on the same night.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Dan-Dan wrote: »
    If an EA is doing viewings (i.e introducing potential buyers) without the vendors having signed anything , then he is the sort of person that usually ends up on the apprentice

    How would an EA get a key for the property if the sellers hadn't given him one?
  • Sorry, the agent has been hoodwinking the sellers and told them that he knew someone who missed out on another local house, and gave the viewer first refusal. The owners have not registered with the agent yet, but allowed this new viewer to see the property and make an offer.

    I don't think I trust this agent, and I'm not sure that this couple realise that what he's doing isn't ethical.

    M
  • googler
    googler Posts: 16,103 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Can an EA show buyers round before 'marketing' a property? Of course they can.

    There's nothing unethical about securing a quick sale for their client (the seller).
  • Dan-Dan
    Dan-Dan Posts: 5,272 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 22 June 2013 at 12:08PM
    Mojisola wrote: »
    How would an EA get a key for the property if the sellers hadn't given him one?

    No idea ?!
    Never, under any circumstances, take a sleeping pill and a laxative on the same night.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Dan-Dan wrote: »
    Why are you asking me ?

    Just a follow-on from the comment "If an EA is doing viewings".
  • Flat_Eric
    Flat_Eric Posts: 4,065 Forumite
    Part of the Furniture 1,000 Posts
    edited 22 June 2013 at 1:31PM
    A house can be sold that is not registered at the Land Registry.

    Either the seller gets his solicitor to apply for voluntary registration which the executors might do alongside the probate side of things to facilitate the future sale of the property or the seller(s) may choose to leave first registration (as its called) to the buyer of the property.

    It does make the selling process just a little bit more involved as the seller's solicitors has to investigate ownership from the year dot (from when the property was first built) up until the present day and supply to the buyer's solicitors what is known as an Epitome of Title. Aside from that, the conveyancing process pretty much continues as normal.

    I can't offer any comment on the estate agent side of things.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Hello

    We have 2 questions really.

    We have seen a house that was inherited by some neighbours and made a private offer (at the market rate) to them for the house.
    good for you. Have they accepted your offer?
    They have now decided to ask an agent to value it, and knowing that there is already an offer on the house, he has valued it way above market price.
    your opinion
    The agent has been showing people round the house and apparently has invited offers.
    so - doing his job!
    I'm not sure the house is registered with him yet.
    presumably has a key, so ... yes!

    However, the owners admit that the house isn't even registered with the land registry as it was bough in the 1950s.
    why is this relevant?

    My questions are this: Can a house be sold that is not registered with the land registry?
    Compulsory registration was introduced in a phased manner between around 1970s- 1990s. How do you think people bought/sold property before that.....?

    The couple say that probate has been granted, but I'm not sure how this works if the house isn't registered?
    the two things are unrelated!

    Are estate agents allowed to show round potential buyers without marketing the property, and without the property being registered with them?
    but you've admitted you don'tknow if it is registered with them! And if they have access to theproperty, the owners (Executers) must have granted access. ...

    Lastly...

    The couple say that they have to sell the house by October. For what reason, if they have inherited, would they have a deadline to sell by October?
    All sorts of personal, or financial, reasons. But none of your business!

    I'm not sure if we're being taken for a ride, or if the estate agent is working outside of their responsibilities...

    M&T
    Taken for a ride how?

    You've made an offer. You're waiting to hear if it will be accepted.

    Meanwhile the Executers are doing what they are duty-bound to do: ensuring they get the best price for the Beneficiaries by continuing to market the property.
  • Thanks GM for a completely unhelpful, sarcastic response. I'm guessing you an estate agent yourself?

    Before you write a reply defending your stance, yes, they said that if I made an offer at the price they quoted they would accept. We have given them a written quote, of the full asking price, and now they are not even keeping us informed. I suspect we are being taken for a ride because they think they will squeeze money our of us at the last minute.

    I thought my question relating to the house being registered was a fair question, as I don't know how the Land Registry works and/or whether a house has to be registered BEFORE it can be sold.

    The house is over prices, yes, judging by the prices of the houses on the road and the work that has been required to those houses that have sold recently. This is over prices by £20-£30K.

    There have been people walking in and out of the house all day. From what the beneficiaries have said, they are not registered with this estate agent, they just asked for a valuation. We had the same situation in selling our house with the same agent, where they tried to sell it without us being registered with them or instructing them to sell - we had only asked for a valuation.

    Obviously, we didn't sell through them.

    Marie
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