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Is estate agent's contract void?
Comments
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Can you explain why you think it might not be valid? As far as the EA is concerned, they've entered into a contract with the estate of the late Mr/s X, not with an individual executor.
Because there is a defence at law that contracts cannot be enforced against those who are not privy to them. But I accept as you say the contract might be with the estate rather than the individual executor.0 -
I think there'll also be good legal reasons why an estate can't wriggle out of contracts simply by swapping executors.Because there is a defence at law that contracts cannot be enforced against those who are not privy to them. But I accept as you say the contract might be with the estate rather than the individual executor.0 -
Practical answer - has the house been sold?
If it's been sold then surely they deserve to be paid.
If it hasn't then surely notice can be served if desired?
Or is there more to it?0 -
I believe the original executor remains bound by the contract but I think it would be a grey area as to whether the contract was still valid if the original executor decided to resign.
It is not a grey area.
The estate is an entity. Not the executor(s). Any contract entered into by an earlier executor or based on executor roles at the time entered into remain in force even if there are changes to the executors.
The estate is the entity. Not the executor.I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.0 -
An executor is to an estate as a director is to a company - and companies don't cease to be beholden to contracts when they change directors!0
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Hello
A contract was signed with an estate agent to sell a family house through probate. At the time only one proving executor was named. Since, the other two executors have obtained full rights. Is the contract now null and void?
A contract is signed with the financial director of a company.
Two months later, he resigns, is replaced, and a reshuffle replaces two other board members.
Is the contract null and void?
Was the contract with the director or with the company?0 -
A contract is signed with the financial director of a company.
Two months later, he resigns, is replaced, and a reshuffle replaces two other board members.
Is the contract null and void?
Was the contract with the director or with the company?
Or take it to the ultimate, the only executor at that time signs the contract, exchanges and then completes. money paid into executors account, and the buyers move into the house.
Then the two new executors come on board and demand the sale is unwound. :eek:0
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