Unhappy with executor and house sale

hellvixen

Advice please. the executor of the will ( a solicitor) has been fine until it comes to the house sale. They are using their in house estate agent and when i asked to see the other valuations and costs of fees etc they refused to get any. i decided to get some valuations which are all higher than the executors and all their fees are at least 4500 pounds cheaper. THE ESTATE AGENT also has twice mentioned how he would love to buy the house and he was looking for a quick sale. i have arranged a meeting with the executors armed with 6 valuations and costs. i do not believe in this case they are acting in the estate and beneficiaries best interest . the estae agent in my opiniom and the executors should be looking for the best price not a quick sale. i believe they are biased in giving the sale in house at excessive fees and in my heart i do tink the agent wants the house at a knockdown price. HE HAD TOLD ME NOT TO DO MUCH TO THE HOUSE BEFORE SALE but i did freshen it up and sorted out the electrics etc. i could see on his face and from the comments he made he wasnt happy. the house looks so much better. how should i deal with this

Marcon

If you aren't an executor, what were you doing 'freshening up the house and sorting out the electrics etc'? That may well have made the executor uncomfortable that you were doing things without his consent.

You aren't entitled to see the valuation, fees etc (at least not at this stage - and only later if you are a residual beneficiary). You say the fees were at least £4,500 higher, but how much is the house valued at?

Also important to recognise how dreadful the housing market is; it may be entirely unrealistic to hold out for what you think is a 'best price'. Estate agents are notorious for proposing over-valuations to try and get the business.

Having said all that, if you believe (and you clearly do) that there is a conflict of interest - and from what you've said, there does seem to be - make a formal complaint to the solicitor concerned. The firm must have a complaints procedure, so ask for it. There are also strict rules about properties where someone in the estate agency instructed is interested in a property, so remember to pick up on that point.

Try to avoid accusations of bias etc and just stick to the plain facts as you see them. Much more likely to be effective than an OTT letter, which is so much easier to dismiss as someone massively over-reacting.

hellvixen

i asked the executor and got permission for everything I did explaining my reasoning The executors want me to sign a letter of engagment for their estate agent and have been sent a list of all costs that will be occured thats how I can compare . This is my main home as i moved in to nurse my mum through cancer and then to look after my elderly father to his death. Edinburghs housing market quite bouyant at the moment according to the executor estate agent and the research i have done. i just want to be prepared when i put my case and i am very calm and collected when dealing with people. i did consult a reknowned edinburgh solictors firm for advice and they do think the executors need to get 3 valuations i have got 6 for them and costs then explain to me why they would go in house with the lowest valuation and highest cost of fees.

hellvixen

if the valuations had differed in themselves then i would not have been concerned but the fact that all of them are about the same and higher than the executors one does concern me

xylophone

i did consult a reknowned edinburgh solictors firm for advice a

You are the client of the renowned solicitor- have you asked him to write to the executor (also a solicitor) and put your case?

hellvixen

He told me first to see if I can resolve it face to face if not he will take on my case

Brynsam

hellvixen wrote: »

He told me first to see if I can resolve it face to face if not he will take on my case

Excellent advice! Please come back and tell us what happened - updates to threads giving the outcome are always welcome but rarely happen.

Tom99

Are you a beneficiary? Are there other beneficiaries? Have you shown your research to the other beneficiaries?
Sounds like you have a sound case. Be clear in your mind what you want as a realistic successful outcome when you see the executor with this information.