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

ladyogci
Posts: 1 Newbie
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?!
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?!
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Comments
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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 nothing0 -
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...0
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takes around 6 months for probateDon'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.0
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chanz4 said:takes around 6 months for probate
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 nothing0 -
chanz4 said:takes around 6 months for probateWhat 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?0
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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.UKNote: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 = 119.9K0 -
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.0
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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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