Vendor passed away after exchange

JustTakeAllMyMoney

Sadly my seller passed away after exchange I'm not sure when but in last 2.5 wks, I found out at 530pm tonight, I'm due to complete Friday and selling same day already exchanged. I believe for the place I'm buying my seller was power of attorney her son.

Estate agent of seller thinks it will be ok, but my solicitor waiting for probate, tbh I don't know who to believe, I've read you can get emergency probate ?

I need a plan B if my purchase goes belly up, I'm willing to let my sale proceed as too costly not to, I have found storage but would need hotel, who would pick up the cost ? Im pretty flat broke now as I had already moved money to solicitors.

Can the seller in anyway let me rent it for low amount ? I don't think they want to lose sale but I need a place to live we have a cat as well.

Thanks

G_M

So the 'seller' who has died did not own the property? He was selling using POA on behalf of his/her son?

(unusual for parent to have POA for child, but not impossible).

Can son Complete on his own property sale? Or is he absent/overseas? Or is he mentally incapable?

Is there perhaps a 2nd POA? Often (usually?) there is more than one.

Indeed - thinking about it I'm not sure the sale cannot proceed anyway. The owner of the property is still alive, so Probate is not applicable, and if the POA has signed/exchanged the contract then the contract is valid ND can surely Complete?

If, however, Probate IS required (eg it is the actual owner who has died), then I doubt Completion can take place on Friday.

You could pass the costs on to the seller/seller's Estate/POA whoever for failing to Complete as per the contract.

As you are using a solicitor, get him to advise you.

bris

The way I read it the son has POA for his mother(the seller) who has passed away. It complicates things greatly so probate will now be needed.


As the exchange has taken place it may be that your losses would now be recoverable by the sellers estate unless the contract has a clause which excludes that.


Speak to your solicitor, but I think you are still in a good position as I believe the estate still has to honour the contract.

G_M

JustTakeAllMyMoney wrote: »

....I believe for the place I'm buying my seller was power of attorney her son.

The English is very poor so it is unclear who is who.

Keep_pedalling

The estate does have to honor the contract, but completion will certainly be delayed and the son's POA is no longer valid, but hopefully he is also the executor, and one option you have is to negotiate with him moving in on payment of a licence fee which could be off set against compensation for late completion.

It is in his interest to do this if he does not want to see a chunk of his inheritance go on compensation for late completion.