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House owned by solicitors for 7 years

Countrysider
Posts: 133 Forumite

A house I'm interested in has been on the market on and off for the past 7 years with multiple local agents, never having been sold. The original owner died 7 years ago and ownership since her death is registered with the land registry as the solicitors acting as her executors. I paid £6 for the title and plan, which is how i know this.
On the last occasion the house was on the market I approached the agent to request a viewing but the agent said they couldn't get hold of the owner and would inform me when they were able to arrange viewings. The house was instead removed from the market about a month later and has not been remarketed or sold since (this was about a year ago).
The house is clearly empty, however there is a removal company registered at the address of the property. Furthermore, on one of the previous historical Zoopla property listings the agent said the owner would apply an in-perpetuity uplift clause to any sale, however there is nothing about this in the land registry entry.
To my mind, it appears the solicitor is purposely trying to prevent a sale by the pattern of adding/removing from the market, ignoring requests for viewings, and applying an unnecessary uplift clause which will prevent anyone from securing finance on the property. However, it seems they are still making a superficial effort to sell the property, or at least appear to be prepared to sell.
My questions are:
Is this normal or, at least, not unheard of? Presumably the descendants of the original owner would not be happy with ownership being with the solicitors for so long? Is there any legal or malpractice evidenced in what i have described? What benefit would there be to this behaviour?
My intention is to approach the solicitors with an asking price cash offer for the house (subject to the uplift clause, if it exists, to not be applied or at the very least not be in perpetuity), but I would like to be armed with as much information as possible as what I've described may have a perfectly rational explanation that I have overlooked.
On the last occasion the house was on the market I approached the agent to request a viewing but the agent said they couldn't get hold of the owner and would inform me when they were able to arrange viewings. The house was instead removed from the market about a month later and has not been remarketed or sold since (this was about a year ago).
The house is clearly empty, however there is a removal company registered at the address of the property. Furthermore, on one of the previous historical Zoopla property listings the agent said the owner would apply an in-perpetuity uplift clause to any sale, however there is nothing about this in the land registry entry.
To my mind, it appears the solicitor is purposely trying to prevent a sale by the pattern of adding/removing from the market, ignoring requests for viewings, and applying an unnecessary uplift clause which will prevent anyone from securing finance on the property. However, it seems they are still making a superficial effort to sell the property, or at least appear to be prepared to sell.
My questions are:
Is this normal or, at least, not unheard of? Presumably the descendants of the original owner would not be happy with ownership being with the solicitors for so long? Is there any legal or malpractice evidenced in what i have described? What benefit would there be to this behaviour?
My intention is to approach the solicitors with an asking price cash offer for the house (subject to the uplift clause, if it exists, to not be applied or at the very least not be in perpetuity), but I would like to be armed with as much information as possible as what I've described may have a perfectly rational explanation that I have overlooked.
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Comments
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You have no idea whether the solicitors are doing this on the instruction of their clients or not. Nor, honestly, is it your problem.
Place the offer.
If they refuse it, walk away and find another house.
If they try to put this uplift clause in the contract, refuse it and - if necessary - walk away.
3 -
7 years is a long time to leave the place empty, but the house next door to us has been empty and on the market for 4 or 5 years.
As Adrian says, just make an offer, and don't worry.
No reliance should be placed on the above! Absolutely none, do you hear?2 -
AdrianC said:You have no idea whether the solicitors are doing this on the instruction of their clients or not. Nor, honestly, is it your problem.
You're right, it's not my problem but, as a potential buyer, i am interested in the status of a property that i'm considering placing an offer on.0 -
Countrysider said:AdrianC said:You have no idea whether the solicitors are doing this on the instruction of their clients or not. Nor, honestly, is it your problem.
You're right, it's not my problem but, as a potential buyer, i am interested in the status of a property that i'm considering placing an offer on.3 -
Countrysider said:AdrianC said:You have no idea whether the solicitors are doing this on the instruction of their clients or not. Nor, honestly, is it your problem.
You're right, it's not my problem but, as a potential buyer, i am interested in the status of a property that i'm considering placing an offer on.
Does that status affect your offer?1 -
AdrianC said:Does that status affect your offer?Thrugelmir said:Make an offer and start a dialogue. Then you'll have facts not speculation.0
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I think the key information here is who are the beneficiaries of the will?It sounds like there could be a number of relations who stand to inherit the proceeds and perhaps some onging arguments/disputes about what to do with the property.You first step is to phone the solicitors and start asking questions.3
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How much effort do you want to put into this?
Check if a grant has been obtained.
Might point to beneficial interests.
Might need to research the deceased owner a bit.
Try the locals see if they know anything.
Who owns the company registered there.2 -
Countrysider said:AdrianC said:Does that status affect your offer?
and if they are motivated to purposely frustrate a sale, as it seems they have been doing up to now.
And there's your answer. Previous evidence suggests they may.0 -
A house that has been empty for 7 years could have a myriad of problems, both seen and unseen.
Just make your offer and see if it generates any interest in selling. Give it a few weeks and if no reply, just politely remind them your offer still stands. If still no reply you'll know they have no interest in selling.
If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales1
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