Vendor won't leave house and is now alledgedly starting court case against brother

CasaCroft8

We're ftb buying a house. When we started i knew it was an inherited house from late mother. She's the sole executor but the estate is to be split 50/50 with brother. She's been living there for 4.5 years since her mum passed. 

She's been difficult throughout. But estate agents are now advising she's going to go to court against her brother so that she can keep the case and doesn't have to leave. 

Has anyone experienced this before. Do you think a court would throw it out? Or has she got a chance of winning. Our solicitors on holiday until Monday. I'm so wound up. I thought I'd post on here to see what others think. I imagine this will be the end of the line for us. And we'll sadly have to pull out. Which will mean we'll have to move towns, kids schools etc...

ElizabethRose

I'm sorry to say the Court process isn't a quick one and there could be appeals which could take years. Also as it sounds like she doesn't want to move would she trash the house if forced to do so?

I know it's not what you want to hear but I think you need to walk away and start looking for another house.

comeandgo

You really have very little hope of buying this property.  Legal action can take years and she may win.

doodling

Hi,

If the executor is not wanting to sell (or worse, there is more than one executor and they disagree amongst themselves) then it could be years before anything happens (if at all).  Equally an agreement could be reached between her and her brother and they could be ready to exchange contracts tomorrow.  My betting is on the former from what you have said.

If she has been difficult throughout then I'm guessing that she might be a sore loser if her court case doesn't go her way and finds even more ways to delay things.

You have no control over this so either you hang around and hope, or you do something else - whatever sits most comfortably with you.

lincroft1710

Just move on. This could drag on for months or even years and no guarantee at the end, the house could be sold

CasaCroft8

Thanks everyone. I'm going to give it a week or so and i expect I'll have to pull out. Very upset and emotional but mainly angry. I hope when i go my adult children conduct themselves better.

lookstraightahead

There is a lot of emotion naturally when you lose a loved one and there is a house involved. Same with cases of divorce.
We've been through having to sell my OH family home and it can be quite traumatic.

you're better off looking forward something else.

DairyQueen

Sadly, it's not that uncommon for a part-beneficiary of an estate to refuse to leave their late parent's home. Sounds like the woman is having to be forced out by her brother, and what a nightmare scenario for a prospective purchaser. In years to come you will be relieved that you forewent this property. Something else will come up (it always does).

Just for reference, this situation could have been avoided if late mother had specified in her will that the property should be sold and the proceeds divided. 

sammyjammy

Just make sure your solicitor doesn't spend anymore money!

canaldumidi

Contact your solicitor asap and instruct him to stop work. If/when you pull out (as you almost certainly will) he'll bill you for work done so far at an hourly rate, so stop that clock ticking!

Likewise if you have a survey (or anything else) booked but not done - cancel them.

Start getting your head round the fact that you're going to have to ether find another property, or accept a delay that could be several months to a year or more. And not just a delay leading finally to a purchase, but a delay with an uncertain outcome.

walwyn1978

You do not want a piece of this. Even if it’s the most perfect house imaginable, you do not want to get caught up in what could take years. If they are going to get legal with each other you will just be collateral damage. 

Pull out, now. There will be other houses. They won’t have such a complex backstory in the selling. I know that may mean sacrificing the location you wanted, but that’s preferable to getting involved with this absolute bin fire of a case.