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

CasaCroft8

Thanks everyone. We've gotten to the point of being ready to exchange our end. So god knows how much we're going to have to pay. I knew she was an awkward customer. But i didn't realise we were just pawns and potentially she never had any intention of leaving. I've come to terms with this not going through for us. It's just a big load of rubbish. Our house we rent is too small for us. Other houses round us are out of our price range renting and buying. These things happen in life I guess, when there are liars like her out there. 

HampshireH

Start actively looking for something else. Do viewing etc. I expect the agent is none too happy either 

But don't withdraw just yet leave it on the table until you find something else. 

Just don't spend any more money with the solicitor unless it's to exchange with a completion date and all agreed 

You never know there may be another twist and suddenly they agree to exchange.

As the executor she must have had the intention to sell else why would she have bothered at all. She could have just not even started the process

getmore4less

CasaCroft8 said:

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...

The signs were there there could be motivation issues on the sale of this property.

Any other signs like not prepared for sale like most people do.

What steps had she been taking for alternative accommodation that showed that she may be a motivated seller?


Probate properties fall into the same category as divorce and tenanted properties you need to see extra signs all parties are motivated to sell.

Did you ever get to speak to the brother?

badger09

getmore4less said:

CasaCroft8 said:

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...

The signs were there there could be motivation issues on the sale of this property.

Any other signs like not prepared for sale like most people do.

What steps had she been taking for alternative accommodation that showed that she may be a motivated seller?


Probate properties fall into the same category as divorce and tenanted properties you need to see extra signs all parties are motivated to sell.

Did you ever get to speak to the brother?

Why would OP have reason to speak to the brother?

When, as Executor, I sold my late sister's property, I had no reason to speak to the purchasers.
The 2 adult beneficiaries, my niece & nephew, had even less reason to speak to them.

getmore4less

badger09 said:

getmore4less said:

CasaCroft8 said:

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...

The signs were there there could be motivation issues on the sale of this property.

Any other signs like not prepared for sale like most people do.

What steps had she been taking for alternative accommodation that showed that she may be a motivated seller?


Probate properties fall into the same category as divorce and tenanted properties you need to see extra signs all parties are motivated to sell.

Did you ever get to speak to the brother?

Why would OP have reason to speak to the brother?

When, as Executor, I sold my late sister's property, I had no reason to speak to the purchasers.
The 2 adult beneficiaries, my niece & nephew, had even less reason to speak to them.

As a purchaser you should research the motivation of the seller(s)

As this one had been occupied for 4.5 years you would look for signs of forced sale.

A chance to speak with a beneficiary that had been waiting over 4 years could highlight conflict.

badger09

getmore4less said:

badger09 said:

getmore4less said:

CasaCroft8 said:

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...

The signs were there there could be motivation issues on the sale of this property.

Any other signs like not prepared for sale like most people do.

What steps had she been taking for alternative accommodation that showed that she may be a motivated seller?


Probate properties fall into the same category as divorce and tenanted properties you need to see extra signs all parties are motivated to sell.

Did you ever get to speak to the brother?

Why would OP have reason to speak to the brother?

When, as Executor, I sold my late sister's property, I had no reason to speak to the purchasers.
The 2 adult beneficiaries, my niece & nephew, had even less reason to speak to them.

As a purchaser you should research the motivation of the seller(s)

As this one had been occupied for 4.5 years you would look for signs of forced sale.

A chance to speak with a beneficiary that had been waiting over 4 years could highlight conflict.

I agree and I'm a great believer in personal contact between vendor & purchaser IF both parties are motivated & comfortable with personal contact.

However, the brother is not the vendor and the Executor/vendor appears not to be motivated. Neither of them has any reason to communicate with potential purchasers.

CasaCroft8

Hi all. Update here. Seller has decuded to drop the court case and complete. Feeling a bit dubious but we'll go with it and hope for the best for now

badger09

Hope it goes through for you. 

CasaCroft8

Thanks. I'd come to terms with it falling through so this is a bonus. As nothing in our town compares for our relatively small budget

Peter999_2

CasaCroft8 said:

Hi all. Update here. Seller has decuded to drop the court case and complete. Feeling a bit dubious but we'll go with it and hope for the best for now

That is good news.   I'm keeping my fingers crossed for you.