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Sellers onward purchase

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  • Wow if 6 months is what is realistic then I may need to negotiate with the sellers myself as it will be after stamp duty goes up and means thousands extra for both me and my buyers.
    It sounds awful but I’m annoyed at our sellers our offer was accepted in early October but the conveyancing process only started recently as they wouldn’t pay their solicitor anything on account and so their solicitor wouldn’t release the contract pack.
    if they’d been more proactive we would have exchanged. 
  • Bigphil1474
    Bigphil1474 Posts: 3,579 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    6 months isn't realistic, it's possible. I dealt with my dads estate in 2022 and we got through probate in 6 weeks DIY. He had a straightforward will though. If it's a complicated estate it will be longer, if the executors are rubbish it will be longer, if they know what they are doing, it might be the same. If the vendor was in a care home for end of life care then the wheels may already be in motion. You need to be speaking to their EA at least and find out what's happening. Unless the beneficiaries are suddenly interested in keeping the house, I'd expect they'd be quite keen to keep you as a buyer.
  • KittenChops
    KittenChops Posts: 476 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    edited 16 December 2024 at 4:22PM
    Wow if 6 months is what is realistic then I may need to negotiate with the sellers myself as it will be after stamp duty goes up and means thousands extra for both me and my buyers.
    It sounds awful but I’m annoyed at our sellers our offer was accepted in early October but the conveyancing process only started recently as they wouldn’t pay their solicitor anything on account and so their solicitor wouldn’t release the contract pack.
    if they’d been more proactive we would have exchanged. 
    I think you'd likely be in a worse position if you'd already exchanged but not completed

    ETA - because then you'd be contractually obliged to complete on your sale, but unable to complete on your purchase
  • Hoenir
    Hoenir Posts: 7,742 Forumite
    1,000 Posts First Anniversary Name Dropper
    Remember that someone has just died. Be other matters that maybe receiving priority attention at the moment. 
  • mebu60
    mebu60 Posts: 1,648 Forumite
    1,000 Posts Second Anniversary Photogenic Name Dropper
    Wow if 6 months is what is realistic then I may need to negotiate with the sellers myself as it will be after stamp duty goes up and means thousands extra for both me and my buyers.
    It sounds awful but I’m annoyed at our sellers our offer was accepted in early October but the conveyancing process only started recently as they wouldn’t pay their solicitor anything on account and so their solicitor wouldn’t release the contract pack.
    if they’d been more proactive we would have exchanged. 
    I think you'd likely be in a worse position if you'd already exchanged but not completed

    ETA - because then you'd be contractually obliged to complete on your sale, but unable to complete on your purchase
    Why would you not be able to complete the purchase? Surely it would progress in accordance with the contractual obligations and the money received would form part of the deceased's estate? 
  • It totally depends on the probate times in your area, but this exact same situation happened in my family. My grandfather went into a care home and a sale was agreed on his house. He died a month later, but before exchange. It delayed the sale by 8 months. Amazingly the two link chain below stayed in tact and they remained patient!
  • KittenChops
    KittenChops Posts: 476 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    edited 17 December 2024 at 10:45AM
    mebu60 said:
    Wow if 6 months is what is realistic then I may need to negotiate with the sellers myself as it will be after stamp duty goes up and means thousands extra for both me and my buyers.
    It sounds awful but I’m annoyed at our sellers our offer was accepted in early October but the conveyancing process only started recently as they wouldn’t pay their solicitor anything on account and so their solicitor wouldn’t release the contract pack.
    if they’d been more proactive we would have exchanged. 
    I think you'd likely be in a worse position if you'd already exchanged but not completed

    ETA - because then you'd be contractually obliged to complete on your sale, but unable to complete on your purchase
    Why would you not be able to complete the purchase? Surely it would progress in accordance with the contractual obligations and the money received would form part of the deceased's estate? 
    There was a thread on here a few years back where the seller died after exchange but before completion - took about 18 month to sort if I recall correctly. Without probate, the executors don't have the authority to sell the property.
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