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seller does not have grant of probate- should we not have been told this?
DawnGlastafari
Posts: 2 Newbie
Please help.
We had an offer accepted on a house at the beginning of April. Everything was going along fine and we seemed to be nearing completion. However, when we asked the solicitor to put forward a completion date, the sellers solicitors came back saying the seller wasn't in a position to sell as he has not be granted the deads of probate. This is after we have paid for all the searched, had a mortgage offer sent through, paid the solicitors fees and transfered the deposit to them.
Should we not have been told this sooner?????? We have no idea how long this could take and I don't think its fair that we were not told!
Luckily we are not in a chain and so it only really effects my parents who we have to stay with for a bit longer and my 9 month old baby who will have to wait longer for his own bedroom. Potentially though if there is a problem with the probate, this could have cost us the best part of £3000!!!
Does anyone have any ideas where we stand on this? I know you can put a house on the market without deads of probate but can not complete without it, but surely you legally have to inform the buyers of this sooner than we were?
We had an offer accepted on a house at the beginning of April. Everything was going along fine and we seemed to be nearing completion. However, when we asked the solicitor to put forward a completion date, the sellers solicitors came back saying the seller wasn't in a position to sell as he has not be granted the deads of probate. This is after we have paid for all the searched, had a mortgage offer sent through, paid the solicitors fees and transfered the deposit to them.
Should we not have been told this sooner?????? We have no idea how long this could take and I don't think its fair that we were not told!
Luckily we are not in a chain and so it only really effects my parents who we have to stay with for a bit longer and my 9 month old baby who will have to wait longer for his own bedroom. Potentially though if there is a problem with the probate, this could have cost us the best part of £3000!!!
Does anyone have any ideas where we stand on this? I know you can put a house on the market without deads of probate but can not complete without it, but surely you legally have to inform the buyers of this sooner than we were?
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Comments
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You've transferred the deposit to the solicitor - but have the solicitors exchanged contracts yet?
Did your solicitor not bother to check that the vendor was in a position to proceed?0 -
Have they suggested that there's going to be any problem with getting probate? Or just that they don't yet have it? It's generally an administrative formality, it seems unlikely they'd have put the property on the market if there was any controversy about the estate.0
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You need to complain to the SRA, your solicitor has obviously been asleep at the wheel.I do Contracts, all day every day.0
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Your solicitor should have spotted that the Title to the property was owned by person A (the deceased) but that the name on the contract of Sale was person B (the Executer(s). That should have raised questions....0
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I m in the postion of selling my late Dad's flat and the grant of confirmation has not yet been granted. I have been told to tell any potential buyers of the timescale expected for this.0
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When my mum died the estate agents wouldn't market it until probate was granted - I would have thought that was the rule as it's not yours legally to sell until then - if estate agents didn't check this any Tom !!!!!! or Harry could put anyone's house on the market eg a tenant in a rented house (of course they wouldn't be able to finally sell it but would be wasting everyone's time until they got to that point)0
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Depends in what capacity you're selling it.When my mum died the estate agents wouldn't market it until probate was granted - I would have thought that was the rule as it's not yours legally to sell until then
If you're selling it as "your house, which I inherited" - then, no, you can't sell it until probate is all completed. Because it isn't yours until then.
If you're selling it as the executor, in order to distribute the proceeds, then you NEED to sell it before probate can be granted.0 -
When my mum died the estate agents wouldn't market it until probate was granted - I would have thought that was the rule as it's not yours legally to sell until then - if estate agents didn't check this any Tom !!!!!! or Harry could put anyone's house on the market eg a tenant in a rented house (of course they wouldn't be able to finally sell it but would be wasting everyone's time until they got to that point)
Even assuming the agent is 100% ethical, it's not really the agent's responsibility to get proof - perhaps the seller didn't mention it...0 -
Did you know it was deceased person's house being sold?
Did you tell your solicitor that? If I had been acting for you my first question would be to ask whether they had probate and for you to check this through the estate agents. No probate, you walk away or make a reduced offer because of the hassle to you.
Sellers often simply do not undderstnd they have to get probate and this can take time. They clear the house and put it on the market a few weeks after the person has died.RICHARD WEBSTER
As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.0 -
granted the deads of probate.
Dug himself into a hole?
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