Selling a probate property

Snuggles

Hi, I am executor for my late mother and am about to put her house on the market as the granting of probate is imminent.

I have no previous experience of selling a house as I have only ever bought before, so am unfamiliar with the process.

There are certain items in the house which I either know or suspect do not work as they should and may need replacing. There seems little point in me replacing/repairing any of these things prior to sale, as the house would benefit from some internal updating and it's therefore pointless spending money on things which a buyer would probably get rid of anyway.

My question is, is it a requirement (or accepted practice) to point out to anyone viewing the property the things which don't work? I've had a look at the property information form (TA6) which is normally filled in by the seller, and as far as I can see you are only required to declare whether the central heating system is in good working order. There is no mention of, for example, built in kitchen appliances.

My initial thought was that it's best to be upfront and to point out the things which don't work, so that anyone making an offer is doing so in full knowledge of what might need replacing. However, having thought about it, if it's not a legal requirement to point things out, is it best to say nothing unless you are asked? Obviously things might come up in the survey, but by that point the prospective buyer has committed some money, and may be less likely to be put off by such things. That sounds cynical, I know, but at the end of the day I need to get this property sold and I'm not talking about anything which would make the property unsafe or un-livable, and of course I would answer truthfully if asked.

On a separate note, I believe it's common practice for buyers to request that a boiler is serviced prior to exchange. The boiler in the property is very old, hasn't been serviced for years, but works fine. I have no intention of getting it serviced, as given its age, it is clearly going to need replacing before long, and that should be obvious to any buyer - I would expect them to factor this in when making an offer. Does this seem reasonable?

xylophone

You need to market as in need of complete renovation?

Mojisola

Snuggles wrote: »

My question is, is it a requirement (or accepted practice) to point out to anyone viewing the property the things which don't work? I've had a look at the property information form (TA6) which is normally filled in by the seller, and as far as I can see you are only required to declare whether the central heating system is in good working order. There is no mention of, for example, built in kitchen appliances.

My initial thought was that it's best to be upfront and to point out the things which don't work, so that anyone making an offer is doing so in full knowledge of what might need replacing. However, having thought about it, if it's not a legal requirement to point things out, is it best to say nothing unless you are asked? Obviously things might come up in the survey, but by that point the prospective buyer has committed some money, and may be less likely to be put off by such things.

If buyers get really interested, they will ask about things like fitted appliances. If, at that stage, they find out they don't work and you haven't been upfront about that fact, they may well walk away because they wouldn't trust you not have hidden other, perhaps more major, issues.

Be honest and price - and market - the house as needed renovation/updating.

getmore4less

I would take the line as it was not your house an you are only the executor you have no idea about the condition of anything.

You can list te things that are still in thje property at viewing that will not be staying.

Snuggles

Just to be clear the house doesn't need complete renovation. When I said it would benefit from some updating, I was talking about cosmetic stuff, as the decor, kitchen units etc are quite old fashioned simply due to my mother's taste - not because the house is very old and dilapidated.

Snuggles

getmore4less wrote: »

I would take the line as it was not your house an you are only the executor you have no idea about the condition of anything.

You can list te things that are still in thje property at viewing that will not be staying.

Thank you, I did wonder about this as there are certainly many questions on the TA6 form which I simply don't know the answers to. I have seen that sometimes properties are advertised as being "sold as seen", but I wondered if selling on that basis might limit the market.

anselld

I would agree with getmore4less; it seems normal for executors to answer "don't know" for everything in probate sales, even if asked directly. You cannot really be expected to know and you don't want to be held liable for any misleading answers.

anselld

Snuggles wrote: »

Thank you, I did wonder about this as there are certainly many questions on the TA6 form which I simply don't know the answers to. I have seen that sometimes properties are advertised as being "sold as seen", but I wondered if selling on that basis might limit the market.

If you don't know then that is what you should answer. Your solicitor may advise on a more politically correct phrasing.

Snuggles

Mojisola wrote: »

If buyers get really interested, they will ask about things like fitted appliances. If, at that stage, they find out they don't work and you haven't been upfront about that fact, they may well walk away because they wouldn't trust you not have hidden other, perhaps more major, issues.

Thank you, that's a very good point. I was thinking about it the other way around - that if I point out straight away that x, y & z don't work, buyers might start to think well if those things don't work, what else might be wrong, and this might put them off committing to a survey which should in fact show that there are no major issues.


The simple truth is that my mother was ill and just didn't get around to having these things fixed or replaced.

ognum

I am currently purchasing a probate property, I have not looked at or tested anything, I know the whole flat needs stripping out and everything needs replacing.

I am aware of how much that will cost and factored it into my offer. I am guessing that if the EA tells a buyer it's a probate property then anyone keen on buying will also be aware that there is some work to be done.

Sell as is, make the EA aware from the start that is what you are doing.

Mojisola

ognum wrote: »

I am aware of how much that will cost and factored it into my offer. I am guessing that if the EA tells a buyer it's a probate property then anyone keen on buying will also be aware that there is some work to be done.

Sell as is, make the EA aware from the start that is what you are doing.

That's what I did when I sold Dad's house. The EA said what it would be worth if it was updated, approximately how much that would cost and the house was priced accordingly.

Everything worked in the house but it was old-fashioned so whoever bought it would want to change the kitchen and some of the layout, etc.