Vendor buying a house under probate

Hannabear2016

We have sold our house to FTBs, not yet exchanged on it, but it looks to be happening imminently. We've just found out the vendor of the house our offer has been accepted on is buying a house under probate and the probate has not yet been granted. We've been told by the EA that we might have to wait 8 weeks until the probate is granted and then the sale of the house can go ahead. Our EA has told us that we will need to move out and rent while this probate is being granted or the vendor will have to move out while he waits for the grant.
Feeling quite stressed as we are due are first baby at the beginning of Jan, and foolishly assumed we'd be in before Christmas (our offer was accepted in July). Do we have any grounds to get the vendor to complete before Xmas or should we be looking for a place to rent in the meantime or even look at other properties to buy? 

Tiglet2

 If you want your sale and purchase to complete simultaneously, then just stay put and hope that the FTB will be patient, or put pressure on your vendor to go into rental, though they can refuse.  Bear in mind that probate can take as little as 4 weeks and as much as a year or more, depending on how complicated it is.  

If you want to complete on your sale independently, then you would have to look at a rental or AirBNB for the intervening period following completion on your sale and completion on your purchase.  You would need to factor in removals twice (possibly with newborn in tow) and notice periods on the rental.

The third option would be to find another property, but who knows what kind of new chain you will get.

Don't pin your hopes on being in before Christmas - doing that just increases your stress levels.

swingaloo2

We put an offer on a house in June and the person selling was waiting for probate to be granted. They applied for probate in February and it has only just been granted so it can be a long tedious procedure. You cant insist your vendor completes as they would then have to rent till probate was granted on the property they are buying.
Its very frustrating and I do feel for you with Christmas and a new baby.

greatcrested

Hannabear2016 said:

We have sold are hoping to sell our house to FTBs, not yet exchanged on it, but it looks to be happening imminently.

Clearly this is not true

We've just found out the vendor of the house our offer has been accepted on is buying a house under probate and the probate has not yet been granted. We've been told by the EA that we might have to wait 8 weeks until the probate is granted

The EA has absolutely no way of know this. He is just plucking a figure out of the air to keepyou interested. It could be only 4 weeks. Or it could be 4 months. Or more.

and then the sale of the house can go ahead. Our EA has told us that we will need to move out and rent while this probate is being granted or the vendor will have to move out while he waits for the grant.

Or the chain waits till everyone (including the Probate seller) is ready. This is what normally happens.

Or you start looking at other properties while you wait just in case...

Feeling quite stressed as we are due are our first baby at the beginning of Jan, and foolishly assumed we'd be in before Christmas (our offer was accepted in July). Do we have any grounds to get the vendor to complete before Xmas or should we be looking for a place to rent in the meantime or even look at other properties to buy? 

You 'have no grounds 'to get the vendor' to do anything. You can ask, but chances are they'll say they'll move as soon as Probate is granted.

See options above

Hannabear2016

swingaloo2 said:

We put an offer on a house in June and the person selling was waiting for probate to be granted. They applied for probate in February and it has only just been granted so it can be a long tedious procedure. You cant insist your vendor completes as they would then have to rent till probate was granted on the property they are buying.
Its very frustrating and I do feel for you with Christmas and a new baby.

Thank you! 
Have you managed to exchange on this property now the probate has been granted? 

swingaloo2

No we haven't exchanged yet. We are hoping for the end of this month but not counting my chickens. 

Hannabear2016

swingaloo2 said:

No we haven't exchanged yet. We are hoping for the end of this month but not counting my chickens. 

Good luck! 🍀