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How to approach a probate sale that's not on the market yet?

13

Comments

  • NeilCr
    NeilCr Posts: 4,430 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I think I'd have asked the lovely neighbour if she could pass on a message to them first. Being able to speak is far better in situations like these than the written word

    I guess the risk you run is that, like me at the time, they are p""d off with your approach and just won't sell to you, whatever. On t'other hand they might see an opportunity

    In terms of the grapevine - might have been helpful to have mentioned the EA earlier as I'd have certainly reacted differently. You are still in the "I heard that......" world, though

    Anyway what's done is done so you just have to wait and see now
  • kilby_007
    kilby_007 Posts: 738 Forumite
    NeilCr wrote: »
    I think I'd have asked the lovely neighbour if she could pass on a message to them first. Being able to speak is far better in situations like these than the written word

    I did ask the neighbour and they did say they would pass the message on IF they see them but that leaves very little time between now and the valuation to leave that to chance I'm afraid. If it is really so bad (and I'm not sure that it is) to upset them, hopefully if they do decide to market it then we'll still be able to arrange a viewing and they'll see that we're not horrible unsympathetic people.
  • Red-Squirrel_2
    Red-Squirrel_2 Posts: 4,341 Forumite
    kilby_007 wrote: »
    I re-worded the letter to exclude the bits about their mother and the "sorry for your loss" statement because it seemed disingenuous when I read it out loud so I've just stuck to a shortened version of the above.

    I'm very surprised that you thought it appropriate to send a note to a recently bereaved family, wanting to get your hands on the deceased person's property, without so much as a 'sorry for your loss'!

    Don't get your hopes up on this house, you may well have got on the wrong side of them already.
  • Clairabella
    Clairabella Posts: 255 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    When my mother died we were approached immediately by a neighbour who was renting and wanting to buy. We were pleased not to have to market the house and sold after one valuation.

    A friend recently heard of a lady passing away. She dropped a note through the letter box expressing her interest. The family phoned her and she is in the process of buying the property.

    Fingers crossed for you.
  • kilby_007
    kilby_007 Posts: 738 Forumite
    Seems like this has polarised opinion somewhat! Thanks for everyone's input. I'll keep you posted.
  • NeilCr
    NeilCr Posts: 4,430 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    kilby_007 wrote: »
    I did ask the neighbour and they did say they would pass the message on IF they see them but that leaves very little time between now and the valuation to leave that to chance I'm afraid. If it is really so bad (and I'm not sure that it is) to upset them, hopefully if they do decide to market it then we'll still be able to arrange a viewing and they'll see that we're not horrible unsympathetic people.

    Wel, you said the valuation was in the next two weeks so there was a bit of leeway

    The only thing I'd add is that you sound really desperate - I guess you may be but if the vendors are prepared to talk then it may be worth taking a chill pill!
  • kilby_007
    kilby_007 Posts: 738 Forumite
    NeilCr wrote: »
    Wel, you said the valuation was in the next two weeks so there was a bit of leeway

    The only thing I'd add is that you sound really desperate - I guess you may be but if the vendors are prepared to talk then it may be worth taking a chill pill!

    We've been looking for a house for 18 months. This is the only house we've seen in that time that ticks every box for us. It's a fairly big deal for us. I'm going to have to order pills of some description - my heart nearly imploded when my phone rang earlier, but it was just an estate agent trying to get us to look at some unsuitable properties.
  • Surrey_EA
    Surrey_EA Posts: 2,047 Forumite
    Tenth Anniversary 1,000 Posts
    kilby_007 wrote: »
    We missed out on another property locally that went to closed bids so I want to nip this one in the bud and deal with the vendor directly if I can before it goes to market.

    Penitent makes a very good point here:
    Penitent wrote: »
    IIRC, Executors have to get the best possible price for the beneficiaries, so they may feel they need to market the property to ensure they're getting what the property can achieve.

    You need to be somewhat careful how you approach this one. The executors may or may not also be beneficiaries, and the executors may or may not be family members of the deceased. In any event the executors have a legal obligation to obtain the best possible price on behalf of the beneficiaries of the estate, and if they sell to you without going to the open market it may be difficult for the executors to be certain that the best price has been achieved.
  • kilby_007
    kilby_007 Posts: 738 Forumite
    edited 23 May 2017 at 6:15PM
    Surrey_EA wrote: »
    Penitent makes a very good point here:

    You need to be somewhat careful how you approach this one. The executors may or may not also be beneficiaries, and the executors may or may not be family members of the deceased. In any event the executors have a legal obligation to obtain the best possible price on behalf of the beneficiaries of the estate, and if they sell to you without going to the open market it may be difficult for the executors to be certain that the best price has been achieved.

    Thanks for the info. just to clarify - are you saying that the executor can't legally sell a house based on one or more valuations (even if it was a RICS valuation) if there is only one executor and multiple beneficiaries and that the only legal method of sale is the open market?
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    edited 23 May 2017 at 6:22PM
    Legally the executor can be sued if any beneficiary(of the house sale) is not happy with the way the house was sold.

    What is the relationship with this EA.

    is it one that knows you are looking?
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