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Probate purchase - contract incorrect???
PassingOutInTheParade
Posts: 94 Forumite
Also posted in the MSE Probate forum.
I am nearly at exchange on my purchase of a Probate property.
The contract arrived in the post today however I am not happy with the wording of it (and accompanying TR1).
Can anyone who has dealt with these sales help me out, please?
Nowhere on any of the forms does it say 'executors of the estate' after the sellers' names. They are also offering 'full title guarantee' which I wouldn't expect in this type of sale.
They also don't have the Grant of Probate yet.
As far as I know they haven't transferred the property to themselves as I regularly check with the Land Registry.
Is it just a case of me over-thinking or their solicitor being more than slightly rubbish? I know their solicitor has caused problems for them and delayed the sale for nearly 3 months already.
I have sent an email to my solicitor with queries but obviously they won't respond till after the weekend/holiday.
I am nearly at exchange on my purchase of a Probate property.
The contract arrived in the post today however I am not happy with the wording of it (and accompanying TR1).
Can anyone who has dealt with these sales help me out, please?
Nowhere on any of the forms does it say 'executors of the estate' after the sellers' names. They are also offering 'full title guarantee' which I wouldn't expect in this type of sale.
They also don't have the Grant of Probate yet.
As far as I know they haven't transferred the property to themselves as I regularly check with the Land Registry.
Is it just a case of me over-thinking or their solicitor being more than slightly rubbish? I know their solicitor has caused problems for them and delayed the sale for nearly 3 months already.
I have sent an email to my solicitor with queries but obviously they won't respond till after the weekend/holiday.
0
Comments
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Are you the buyer?
If so, getting full title guarantee is a good thing.0 -
"Don't have probate yet" and "nearly at exchange" does not compute.
Anyway, nothing you can do about it until after Monday so I would enjoy the rest of the weekend...0 -
steampowered wrote: »Are you the buyer?
If so, getting full title guarantee is a good thing.
However, in the capacity of an Executor, 'full title' would not be advised by their own solicitor.
Although, I obviously wouldn't argue :-)0 -
Is it registered at the LR yet?PassingOutInTheParade wrote: »They are also offering 'full title guarantee' which I wouldn't expect in this type of sale.0 -
The executors wouldn't transfer ownership to themselves. We didn't when selling a probate house.0
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Ah!PassingOutInTheParade wrote: »
I am nearly at exchange on my purchase of a Probate property.
See below
The contract arrived in the post today however I am not happy with the wording of it (and accompanying TR1).
Can anyone who has dealt with these sales help me out, please?
Nowhere on any of the forms does it say 'executors of the estate' after the sellers' names.
Are you doing the conveyancing yourself?
If yes, stop - you don't know what you are doing.
If no, your conveyancer will advise you that this is unnessessary.
They are also offering 'full title guarantee' which I wouldn't expect in this type of sale.
What would you expect?
What 'type' do you mean?
They also don't have the Grant of Probate yet.
Then you are not "nearly at exchange on my purchase of a Probate property. "
As far as I know they haven't transferred the property to themselves as I regularly check with the Land Registry.
Why should they - total waste of time and money
Is it just a case of me over-thinking
Not over-thinking - ignorance of both Probate and conveyancing.
Do not do the conveyancing yourself.
Employ a conveyancer and ask them to explain!
or their solicitor being more than slightly rubbish?
I see no evidence that they are rubbish.
I know their solicitor has caused problems for them and delayed the sale for nearly 3 months already.
that I cannot comment on
I have sent an email to my solicitor with queries but obviously they won't respond till after the weekend/holiday.
Then wait patiently for the answer.0 -
PassingOutInTheParade wrote: »I know their solicitor has caused problems for them and delayed the sale for nearly 3 months already.
You appear to already know the answer to this statement. Self explantory reason behind the preceived delays.They also don't have the Grant of Probate yet.0
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