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Seller is being Cagey about Probate! (should I back out of sale?)

Hi all,

I have had a 2+ year journey trying to buy a house. I had a property fall through because of cladding issues, then got gazumped on another property and now finally at the start of this year found a house i fell in love with and the sellers seemed cool and keen to move.
When my offer was first accepted they said they had already found a house, they were cash buyers and there was no onward chain. I was advised they wanted to move quickly so i got my solicitors to fast track everything and within 8 weeks i was ready to exchange. 
Then. Nothing.
They stopped responding to my solicitors queries, they stopped responding full stop and I started getting nervous. After applying pressure the Estate agent let it slip that the seller was waiting on the probate certificate for the house they are buying to come through!
This was the first i had even heard of any probate situation.

My solicitor immediately chased to ask how far along with the process they are. (ie are they just waiting on the certificate or are they waiting on them to apply for one?!)

Their solicitors wont respond to this query and now my mortgage offer is about to run out in the next 4 weeks! Plus I start a new job soon away from the city so need this wrapped up before i leave.

I'm not sure how to proceed because if I walk away, getting another mortgage at the same interest level will be nigh impossible as they have spiked considerably in the past few months.

If they were honest in the beginning I would never have even bought from someone in a chain with probate concerns cos i know these things can take FOREVER and i simply don't have that time. What can I do to encourage my sellers to exchange contracts quickly?!

Comments

  • RAS
    RAS Posts: 35,105 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Really you can't although they might just be persuaded to ask:

    When did their seller apply for probate?
    Did they apply online or postal?
    Have they been asked to clarify/ provide any additional information?

    On-line, straight forward application with no queries (stops) process quickly. 
    If you've have not made a mistake, you've made nothing
  • Sapindus
    Sapindus Posts: 636 Forumite
    500 Posts Fourth Anniversary Name Dropper
    To be fair, maybe their seller wasn't open and honest with them for a long time, so they didn't know in the beginning, and then they hoped it would be sorted and they didn't want to lose you as a buyer...
  • chanz4
    chanz4 Posts: 11,057 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Xmas Saver!
    takes around 6 months for probate
    Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.
  • RAS
    RAS Posts: 35,105 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    chanz4 said:
    takes around 6 months for probate
    Based on recent experiences on the Death and Probate forum here, anything from 3 weeks to a year.

    Looks like the Probate Office might be aiming for a quicker average turn round by prioritising on line applications that don't need further information.
    If you've have not made a mistake, you've made nothing
  • pjs493
    pjs493 Posts: 572 Forumite
    500 Posts First Anniversary Name Dropper
    chanz4 said:
    takes around 6 months for probate
    This is absolute rubbish. My husband died last year and Probate was granted for me within seven weeks which included the Christmas and New Year period. Time scales are speeding up too, especially for simple estates. 

    What the OP needs to establish is if Probate has been applied for? If so, when? Has the application been stopped for some reason? If so, what? If so, it is a simple thing to rectify? If Probate hasn’t yet been applied for, what’s the hold up?
  • Jemma01
    Jemma01 Posts: 388 Forumite
    Fourth Anniversary 100 Posts Name Dropper
    How long is UK probate currently taking?

    You'll usually get the grant of probate or letters of administration within 16 weeks of submitting your application. It can take longer if you need to provide additional information. If you ordered copies of your probate document for use outside the UK, these will take longer to arrive than your UK copy. 

    https://www.gov.uk › after-youve-a... Applying for probate: After you've applied - GOV.UK
    Note:
    I'm FTB, not an expert, all my comments are from personal experience and not a professional advice.
    Mortgage debt start date = 25/10/2024 = 175k (5.44% interest rate, 20 year term)
    Q4/2024 = 139.3k (5.19% interest rate)
    Q1/2025 = 125.3k (interest rate dropped from 5.19% - 4.69%)
    Q2/2025 = 119.9K
  • alri08
    alri08 Posts: 22 Forumite
    Part of the Furniture 10 Posts Photogenic Combo Breaker
    How long it might take to get probate is a side issue. The main issue is that the sellers are not communicating. They probably knew that you wouldn't have made the offer if they were honest and open from the beginning. I don't see how there is anything more you or your solicitor can do. Sadly, you may have to get used to the possibility that your mortgage offer will run out and you will need to let this one go.
  • Tucosalamanca
    Tucosalamanca Posts: 958 Forumite
    500 Posts Third Anniversary Photogenic Name Dropper
    Or the seller moves into rented accommodation to secure the sale?

    The sale proceeds would be earning interest to offset rental costs.

    I would give them a deadline for completion, if they are unwilling to work with you, it sounds like the deal is off.


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