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Probate sale help

Just viewed a property through an estate agent who says it's actually through a probate company. They said if we make an offer and it's accepted the price will be advertised on rightmove and another offer could be accepted from someone else.
They also said the probate company would lie the sale to go through within 6 weeks. We would need to provide them with an aip, deposit details, instruct solicitors and have a survey done asap. That all seems fine, however they then said that the property would still be advised and they have ro advise that a higher could he accepted right up untill competition.
Is that correct? I don't want to spend money on solicker fees, searches, survey etc for someone to offer higher 5 weeks down the line?
Any advise/experience would be appreciated

Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 10 March 2018 at 11:39PM
    Yes thats right.

    Thy have legal duty to get the best price. If they failed to do so, eg by not continuing to advertise, or by ignoring a higher offer, they could be held liable by the Beneficiaries of the Will for the lost money.

    Same with repossession sales.

    It's a risk you must decide to take... or not.

    Best advice is to get to Exchange asap.
  • glentoran99
    glentoran99 Posts: 5,825 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    all of the above can happen with any property, nothing is binding until exchange
  • betsie
    betsie Posts: 434 Forumite
    Ninth Anniversary 100 Posts Combo Breaker
    Yes this happened to us with a repossession we bought. Went through fine and once you exchange it!!!8217;s binding. That!!!8217;s why they like to get the process completed as quickly as possible.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    A bigger issue can be the motivation of the beneficiaries

    A lot can go wrong

    Best price does not mean higher.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    peppapig14 wrote: »
    Is that correct? I don't want to spend money on solicker fees, searches, survey etc for someone to offer higher 5 weeks down the line?
    No different to any other sale, in that nothing is legally finalised until contracts are exchanged. The only difference is that the vendor are up-front about being open to gazumping.

    It's just the same as if you were buying a repo. They have a legal duty to maximise the return from the sale.
  • peppapig14
    peppapig14 Posts: 268 Forumite
    Eighth Anniversary 100 Posts Name Dropper
    Thanks for the replies
    I understand u can be gazumped at any time, however the risk seems to be extremely higher in a probate sale. Not sure if it's worth taking the risk and potentially losing a few thousand pound on solicitor, survey etc if it does happen, or just take a chance and go for it
  • Slinky
    Slinky Posts: 11,641 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Depends how much you're prepared to gamble to get this particular house.
    Make £2026 in 2026
    Prolific £177.46, TCB £10.90, Everup £27.79, Roadkill £1.17
    Total £217.32 10.7%

    Make £2025 in 2025  Total £2241.23/£2025 110.7%
    Prolific £1062.50, Octopoints £6.64, TCB £492.05, Tesco Clubcard challenges £89.90, Misc Sales £321, Airtime £70, Shopmium £53.06, Everup £106.08, Zopa CB £30, Misc survey £10

    Make £2024 in 2024 Total £1410/£2024 70%
    Make £2023 in 2023 Total: £2606.33/£2023 128.8%






  • steampowered
    steampowered Posts: 6,176 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    It is true that you are more likely to get gazumped than in a regular sale.

    But, it is also true that regular sales often fall through due to the chain collapsing or the seller being unable to find a property to move into. That shouldn't happen in a probate sale.

    So it is swings and roundabouts. Personally I would go for it and would try to exchange ASAP.
  • Davesnave
    Davesnave Posts: 34,741 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If I didn't like a house enough to gamble on being gazumped, I'd carry on looking.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    peppapig14 wrote: »
    however the risk seems to be extremely higher in a probate sale.

    Only if you've offered well below true market value. No one is going to outbid you only to result in overpaying for the property.
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