Estate Agent Told Me House Has Been Sold But My Solicitor Says No. What's Going On?

Legacy_user

Could someone please help Me.

As members here might know my mother died in November 2015 and has left bother her house and her money to me and my 2 younger sisters.
And I have a copy of the will to prove it.

The problem is that my 2 sisters do not want any contact with me and did not want to sell the house.
And I also have mental health problems.

See my other threads here which explains the full story-
Here
https://forums.moneysavingexpert.com/discussion/5413329

https://forums.moneysavingexpert.com/discussion/5413329

And it is for this reason that I got myself a wills and Probate Solicitor who has not asked me for any money now but has told me I will pay him after at the end of administration after the house is sold and I get my inheritance.

My 1st sister is married and has her own house. And my 2nd sisters was living in my mum's house and both sisters are executives of the will and did not want to sell the house.
And I am a beneficiary and my mum's has left her house to me and my sisters and we each inherit a third of everything.

My sisters did not want to sell the house but they put the house up for sale 2 months ago in June because my solicitor made them.

Well last Wednesday I was browsing the website and saw that my mothers house said "Sold."

So I phoned up the estate agent my sisters are using to sell the house and the estate agent has told me my mum's house has now been sold but I and my sisters won't get any money for 3 months.

I asked the why and the estate agent said it is because of formalities which I don't understand.

I explained to the estate agent that I am the older sister and told her about my mum's will.
But the estate agent did not know this because it seems my sisters did not tell the estate agent of the will and that the money from the sale is to be divided a third between us(me and my sisters.)

I asked the estate agent how much the house was sold for but she would not tel me and said ask your sisters.

Which I cannot do because my sisters do not want any contact with me and won't talk to me.

So I emailed my solicitor to tell him what I just found out and I went to my solicitors office in person, next morning(last Thursday to try to see him to discuss it with him)

As I have mental Health problems which my solicitor knows because I told him.
But when I went to the office to try to see him or get an appointment, the receptionist kept putting me off saying my solicitor is in a meeting and will phone me.

But I went back to the office 2 hours later and the solicitor finally say me but his first words were" I cannot see you without an appointment."

And he said there is no need for me to see him at the office.
And he only gave me about 5 minutes.
I told my solicitor what my sisters estate agent said but my solicitor said the estate agent is not using the correct term. He said all that has happened is my sisters estate agent has now found a buyer for my mum's house but the house is not sold.

I don't understand this. Because if the house has not been sold why is the estate agent saying it has been?
And why does it say "Sold" on the estate agents website.

So now I am very very worried.

Because my sisters estate agent says my mum's house is now sold but we won't get any money for 3 months.

But my solicitor tells me the house is not sold.

And my sisters are executives of the will but I am not. And I cannot go to my sisters because they don't want any contact with me.

So I am now worried that if the house is sold my sisters or my solicitor will run away with my share of my inheritance and not give it to me.

I am very worried that when the house is sold that my solicitor will keep my money for himself and not give it to me or that my sisters might not give me my money.
Please help me.

Crabapple

Sold in Estate Agent world means they have found a buyer, so someone has made an offer and your sisters as Executors have accepted it.

The Estate Agents will know it is a sale of a deceased persons house but have no need to know who the beneficiaries are as they don't handle the money.

There is a legal process to go through before that buyer will actually own the house and hand over the agreed price, and that will be the 3 months mentioned (roughly).

I know it may seem frustrating but your solicitor will be dealing with other cases and won't usually be able to stop work on those if you just pop in. It sounds as though he has explained it properly.

chesky

They usually say something like 'sold subject to contract' which means all the legal stuff has to go through. This can take two or three months and in that time the sale can fall through. Hopefully this doesn't happen and the sale is successful. But hassling your solicitor won't speed up the process.

Caroline_a

As your solicitor is nothing to do with the actual house sale he can do nothing to hurry it up. As others have said, the process to do with the sale of a house can be long and complex, so at this stage I wouldn't worry about things. It will depend on such things as whether the buyers need a mortgage, whether they have a house to sell, whether it has been sold.... lots of different variables!!

Your sisters as executors have a legal right to distribute the money from the house as your mothers will indicates, so don't worry about that.

It is standard that you cannot see a solicitor without an appointment, they are not fobbing you off. Also every time you contact your solicitor, be it in person, on the phone, by email, you will incur charges - which can be very high. Most solicitors charge over £200 an hour for their services, and it is billed per minute!! So my advice would be only contact your solicitor when you absolutely need to, or your share of the house will dwindle and your solicitor will grow rich!

getmore4less

go back to your first threads and read them all again.

Savvy_Sue

chesky wrote: »

They usually say something like 'sold subject to contract'

or

SOLD
stc

chesky wrote: »

which means all the legal stuff has to go through. This can take two or three months and in that time the sale can fall through. Hopefully this doesn't happen and the sale is successful. But hassling your solicitor won't speed up the process.

All true. The Estate Agent will say a house is sold as soon as a buyer makes an offer, and the seller says yes.

But there are two more key steps before the house is really and truly sold.

The first is 'exchange of contracts'. Before this happens, the buyer will usually have a survey done, at which point they may start to haggle over the price. And the buyers' solicitors ask the sellers' solicitors lots of questions. If the buyers' solicitors don't like the answers, they go back to the sellers' solicitors and ask for clarification, and then they may talk to the buyer and say "do you realise there is this potential problem?"

Since you are neither the buyer nor the seller, you can do nothing to hurry this process up.

After 'exchange of contracts', there is then 'completion'. Usually a couple of weeks later, but can be the same day. That's when the buyers' solicitors ensure the sellers' solicitors receive the money and the keys are handed on.

All sorts of things can go wrong between a seller accepting an offer and 'completion'.

FreeBear

Savvy_Sue wrote: »

After 'exchange of contracts', there is then 'completion'. Usually a couple of weeks later, but can be the same day. That's when the buyers' solicitors ensure the sellers' solicitors receive the money and the keys are handed on.

All sorts of things can go wrong between a seller accepting an offer and 'completion'.

To add to the above, if Land Registry have to be involved before any money changes hands, it will only add to the delay - I had submitted paperwork to them earlier in the year and was assured of a six to eight week turn round. Almost six months to the day, paperwork was finally processed.

If the estate agents are saying "Sold" and in small print "subject to contract", there is every chance that the buyer could pull out. The situation is even more precarious if the potential buyer is one of many in a long chain - Just one needs to get cold feet, and the whole lot comes crashing down. And in the current financial climate, there is every chance that the sale could fall through.

System

Well I spoke to my solicitor both when he saw me in the office last week and on the phone. And he told me the same thing that you have.

He said that when a buyer for the house is found, the buyer has to go though things such as credit checks and other things.
And the estate agent would not necessarily know about my mums will and does not have to deal with me as it is my sisters who are selling the house.

He also said the house is not sold until the money comes though.

I asked him when can I expect to get my money he said 3 months.

But of course there is a possibility that the buyer can either pull out of the sale or that the sale could fall though then my sisters will have to find another buyer making it take longer.
Which is also the same as what members on here have said.


As you know from my last threads I am going though a difficult period at the moment.
I have made up my mind that I want to leave my Housing Association and get a private flat up North.

But I cannot do that at the moment because I am on benefits and don't have the money. So I am stuck here until I get my money from the house, when at least then I will have a choice.

So I am depending on my inheritance to both get me out of here and also once I get it I will have my independence. Because I won't have to claim for or depend on benefits for a very long time.

But that can only happen if I get my inheritance. So if I don't get my money from the house I won't get what I want.

Although it seems I am now closer to getting my money as a the house is now up for sale and a buyer has now been found.

I am aware that I don't have my money yet and that something could go horrible wrong.
And that my sisters could try to keep my money for themselves or the solicitor could try to keep my money for himself.

Although you said it is unlikely a solicitor would do that but my solicitor warned that my sisters could try to keep my inheritance from me.
And he said if that did happened we could take my sisters to court if they did that.

My solicitor also told me that the property cannot be sold without him knowing about it. And said my sisters as executors are supposed to keep him and me updated with the progress of the sale. And that as a benedictory I have a right to be kept informed and has written to my sisters advising them of this.


It is true that these matters can be sorted out with my solicitor over the phone and that I don't need any face to face appointments to see him.
But I do fell better if I can see him face to face sometimes.
After all I am paying for his services out of my own inheritance when I get it. So what's one more consultation?
But my solicitor does not want to see me in person.

getmore4less

over the phone will be much cheaper, think every time you contact him it will cost around £5-£10 per MINUTE, on the phone the time will be a lot shorter.

He is trying to save you money which will be multiple £100s.

if you keep going over the same things with him like you do here then he is trying to save you £1000s.

Sit back for at least two months.

Caroline_a

Totally agree with getmore4less. Neither you nor your solicitor can do anything to hurry this sale up, it will go at its own pace, so there is little point in continually contacting your solicitor. He will be in touch when he has news.

Just enjoy the rest of the summer - maybe if you can afford it go and spend a few days where you think you might want to live? That should give you a good idea of areas and what is affordable and what isn't a nice area.

It is very frustrating to have to wait on other people's actions, but as you can do nothing you need to leave well alone so that it doesn't get to you! Then when you get your cheque from your mother's estate you can make your new start.

missbiggles1

annbarbs wrote: »

Well I spoke to my solicitor both when he saw me in the office last week and on the phone. And he told me the same thing that you have.

He said that when a buyer for the house is found, the buyer has to go though things such as credit checks and other things.
And the estate agent would not necessarily know about my mums will and does not have to deal with me as it is my sisters who are selling the house.

He also said the house is not sold until the money comes though.

I asked him when can I expect to get my money he said 3 months.

But of course there is a possibility that the buyer can either pull out of the sale or that the sale could fall though then my sisters will have to find another buyer making it take longer.
Which is also the same as what members on here have said.


As you know from my last threads I am going though a difficult period at the moment.
I have made up my mind that I want to leave my Housing Association and get a private flat up North.

But I cannot do that at the moment because I am on benefits and don't have the money. So I am stuck here until I get my money from the house, when at least then I will have a choice.

So I am depending on my inheritance to both get me out of here and also once I get it I will have my independence. Because I won't have to claim for or depend on benefits for a very long time.

But that can only happen if I get my inheritance. So if I don't get my money from the house I won't get what I want.

Although it seems I am now closer to getting my money as a the house is now up for sale and a buyer has now been found.

I am aware that I don't have my money yet and that something could go horrible wrong.
And that my sisters could try to keep my money for themselves or the solicitor could try to keep my money for himself.

Although you said it is unlikely a solicitor would do that but my solicitor warned that my sisters could try to keep my inheritance from me.
And he said if that did happened we could take my sisters to court if they did that.

My solicitor also told me that the property cannot be sold without him knowing about it. And said my sisters as executors are supposed to keep him and me updated with the progress of the sale. And that as a benedictory I have a right to be kept informed and has written to my sisters advising them of this.


It is true that these matters can be sorted out with my solicitor over the phone and that I don't need any face to face appointments to see him.
But I do fell better if I can see him face to face sometimes.
After all I am paying for his services out of my own inheritance when I get it. So what's one more consultation?
But my solicitor does not want to see me in person.

Around £100 less for you.