probate sale - why would I need a solicitor?

mikk

Well I succumbed, the buyer's solicitor policy is only to deal with another bottom feeder, so I instructed one. The forms he sent included a TA6 & TA10. Considering the buyer has lived in the property for many years he knows all the fixtures & fittings, the property condition, basically everything about it and the area, I am NOT the deed holder, just the appointed salesman are these forms necessary? He wants to buy the house, I want to sell it, niether of us want or need any searches or area enquiries or is this a requirement of the lender?

Thrugelmir

If it's all too much trouble. Perhaps you should have declined being the executor. As possibly in the time you've spent procrastinating. The formalities could have been concluded.

only to deal with another bottom feeder,

Wasting professional peoples time is what pushes the cost up for everyone else.

You need to understand the viewpoint of the lender who is advancing thousands of pounds. There's procedure for good reason. That point should simply be accepted not contested.

mikk

The problem is not my procrastination but his solicitor. What would you call downing tools because they refuse to make a single phone call, I would call it incompetence.

AnotherJoe

mikk wrote: »

Well I succumbed, the buyer's solicitor policy is only to deal with another bottom feeder, so I instructed one. The forms he sent included a TA6 & TA10. Considering the buyer has lived in the property for many years he knows all the fixtures & fittings, the property condition, basically everything about it and the area, I am NOT the deed holder, just the appointed salesman are these forms necessary? He wants to buy the house, I want to sell it, niether of us want or need any searches or area enquiries or is this a requirement of the lender?

It will mostly be a requirement of the lender. I've bought twice without any of those, each time, cash.

Norman_Castle

mikk wrote: »

The forms he sent included a TA6 & TA10. Considering the buyer has lived in the property for many years he knows all the fixtures & fittings, the property condition, basically everything about it and the area,

Assuming he's buying the house as is without dispute from other beneficiaries phone him and run through the forms. 95% will be yes, no, n/a.

Margot123

My goodness, why waste all that time (and perhaps further costs) by being so stubborn?

You pay a solicitor for their expertise.
We can all use Google but it doesn't match up to the value you get from a proper conveyancer.

steampowered

mikk wrote: »

why bother, it makes no difference to me, its not my money.

Just to point out that if the conveyancing went wrong because you got it wrong, you'd be making up the difference. You have do have a duty of care as an executor!

If you are paying conveyancing costs those should be coming out of the estate.

phill99

Is this a real question?

mikk

Are you for real Phill, dunderheed! Thanks Joe & Norman for some helpful comments, you certainly get the idiots here when you ask any question.

G_M

mikk wrote: »

.....The forms he sent included a TA6 & TA10..........are these forms necessary? He wants to buy the house, I want to sell it, niether of us want or need any searches or area enquiries or is this a requirement of the lender?

The solicitors have a duty to ensure the contract between buyer and seller is properly drawn up. Anything less would be professional incompetance.


TA6 & TA10 form part of the contract, and are designed and approved by the law society (years ago each solicitor would design their own lists of questions to be asked and it was a mad free for all).


The involvement of a bank adds further demands on what's agreed - the mortgage lender will want to see that the conveyancing is done properly, and the bank's solicitor has a duty to report to the bank any adverse (or missing!) information.


The forms will take you 20 minutes to complete: 'Yes', No', 'Not known' or 'Not applicable' will cover most questions.


In some cases, you could phone the buyer, as he already lives in the property, to get the answers (eg utility suppliers).