House buying hell - Is there anything I can do...

LauraJane

I want to scream, the utter stress this has caused is nothing like I've ever experienced.

Myself and my partner are FTB's so were delighted when we were offered a mortgage and put an offer in on a property which was accepted at the end of September 2022. We locked in a good mortgage rate before the interest rates increased so felt so relieved that this would be affordable for us.

The house was empty and we were told "it's going through probate".  Red Flag I know, but simple estate and we were under the impression that Probate had been applied for as the previous owner died 9 months before the house went on the market. Weeks and months have gone by, we were excited wondering if we would be in by Christmas. My partner had hernia surgery so packed up most of his belongings, because if we completed after his surgery he wouldn't have been able to lift anything.

The Vendors Solicitors have been less than helpful, ignoring emails for weeks and being evasive when questioned about when Probate was applied for. They finally answered all our enquiries in January. My Solicitors have prepared everything so once Probate has been received we can exchange and complete in one day.

My mortgage offer expires mid April and we are unable to get an extension apart from the default 15 day grace period so stress has been building.

Fast forward to TODAY 22ND MARCH 2023 and we have just been told by the Estate Agent that Probate was only applied for in MID DECEMBER and the Vendor's solicitor are chasing Probate.

To say we are angry and upset is an understatement. We feel like we have been led up the garden path by everyone involved.

- Am I able to make a formal complaint to the vendor, estate agent and vendor's solicitor
- Is there any legal action we can take (probably not worth it)
- Should I reduce my offer
- My head is saying pull out altogether but the mortgage rates have increased and would add an extra £250 a month on to our current mortgage offer.

I also just need somewhere to vent...

propertyrental

Pull out, learn the lesson and move on.

Until probate is granted (not 'applied for') nothing is certain.

But feel free to vent!

ArbitraryRandom

Wow that is frustrating. 

I don't think you have any recourse, but if I were you I would be trying to clarify if everything else was in order to exchange and complete as soon as probate is granted (have the contracts been drafted). Asking to see a copy of the draft contract etc. 

You have around 6 weeks, so not an impossible deadline as long as all of the rest of their ducks are in a row. 

I would also start looking at other properties (and letting the EA know you were looking around again) just in case. 

donutandbeer

LauraJane said:

- Am I able to make a formal complaint to the vendor, estate agent and vendor's solicitor
- Is there any legal action we can take (probably not worth it)

No and no. You did not have a contract with the vendor, their estate agent, or their solicitor. 

- Should I reduce my offer
- My head is saying pull out altogether but the mortgage rates have increased and would add an extra £250 a month on to our current mortgage offer.

You can reduce your offer whenever you like before exchange. And they are free to accept it or find another buyer. From your post it seems like they are not in a rush to sell.

Have you been looking at properties in the area still? This is a difficult and stressful process, you have to try your best to see it as rationally as possible. Is this house and the price you offer still a good deal, compared to other properties in the area? Try not to think about the time & effort & perhaps money that’s already lost, those are just sunken cost now. I imagine you will still want to buy a place even if you pull out of this one. Go view some other places, you will move on (from the stress & perhaps from this house) eventually.

Flugelhorn

lesson learned - vendors and buyers have no responsibility towards each other at all until completion and you can't formally complain about each other.

I have sold one property under probate and didn't market it until I had the bit of paper as felt it was unfair on buyers but many people prefer to start marketing 

Not sure what the time scales are at present but it may or may not make it by mid April - might be worth seeing of you can find out how long grants are taking at present?

EssexHebridean

Marketing during the process is fine - but there should be honesty on timescales. 

OP - do you still like the house and want to live there? If so, then I'd suggest hanging on for now, the expedition of the grant might yet be effective and come through, and you do have over another month yet ahead of the mortgage offer expiring don't you - so I'd say you have nothing to lose by waiting - you're not going to get a new property through in that timescale now anyway and presumably everything is ready to go once the all important bit of paper turns up? Are you ready to move fast in terms of getting removals sorted, giving notice on your rental etc? If it passes the point that the mortgage offer expires then assuming you still want to go ahead that might be the time to look at renegotiating prices though - as you're going to want to off set the increase monthly payments I imagine.

Have a chat with your solicitor about what the realistic expectations are though - even if the firm you are using don't do probate themselves they will know people who do, whose brains they can pick for the latest timescales. 

Ksw3

We had similar but with extra delays with probate for a number of reasons. 

If they are expediting with probate I hear its better if they contact the service via Web chat rather than phoning.

As you've just found out today take the weekend to digest as I'm sure emotions are running very high right now. 

JM68

So they waited around a year (at least) after the owner passed to even apply for probate.

They put his/her house on the market with no legal authority to do so (as probate had not been granted).

Someone has lied to someone for you to be told 'it's going through probate' (when you were first told that).

And the vendors solicitors have been 'evasive' and ignored emails etc. 

If I was you I would follow my head and pull out!!!

Yes, agreeing a new mortgage now might cost you a bit more each month.  But the market has changed since last summer and you may be able get something better for less, either now or in a few months.

LauraJane

Thank you everyone for your input, we still have a few weeks so it isn't impossible but certainly feeling that way.

We feel that we have been misinformed throughout the process about timescales. The Vendor is furious with their Solicitor and their laid back approach to the whole situation.

EssexHebridean You are right I've nothing to lose by waiting. I have come to the conclusion that if my mortgage expires then that's it. My Solicitor has advised me if I reduce my offer now my lender could re-evaluate my application again which may 'rock the boat'. If I find another house and put an offer in I will have to re-apply for a new mortgage anyway so might as well stick it out for a few more weeks and see if anything comes to fruition. 

@ArbitraryRandom Yes, all ducks are lined up and ready to go. My Solicitors are confident they can exchange and complete the same day. Everything is signed ready.

donutandbeer I have realised complaining won't get me anywhere except maybe make me feel a bit better! The house is still a good price and competitive compared to others. I am looking in case something else comes up.

Flugelhorn . I find it utterly bewildering why anyone would accept an offer on a property if Probate was still months away from even being started! We were led to believe it had been applied for.  Grants are taking up to 16 weeks so still possible just very very tight

JM68 nothing makes sense, the way in which the Vendor's Solicitor has conducted business is absurd. Their Solicitor has a particular reputation I've been told...and it's not a good one

and breathe...

mi-key

If they only put in for probate mid december, then it may not go through until next december. It's pretty common for them to take 9-12 months even in simple cases.

Zerforax

Start looking for other houses to see if there is anything else you like. If you find something else and an offer is accepted, then pull out of this process.

Apply for the new mortgage when you have to, work out how much extra it is costing you. When you are close to exchange, tell them house prices are falling and mortgages are more expensive so your offer is now X lower due to this.

Is that behaving like a [insert unsavoury word]? Yes, probably but no worse than how they have behaved with you.