3 trustees agree, one does not

downshifted

Probate has been granted and all trustees agree that the empty house must be sold.

However one of the four will not agree on the estate agent to be used. They find spurious objections (eg the standard agency contract from a nationally known agency is “unlawful”) to any but the agent they personally prefer. That agency is more expensive than the others that have been considered, and the other three trustees have put forward alternatives, all of which have been dismissed. Three trustees see no logic in this behaviour. The fourth trustee just seems to think they know better than the others. The others don’t want the family relationships to be spoiled, but they also they want to get the house on the market now.

Any advice please on what can be done?

Flugelhorn

is it much more expensive? considering that the amount will come from the estate and if the aim is to get the house sold then perhaps it may be a way to get on with it

what is the tie-in for this agent? maybe you can try it for the minimum time then if no success move to one of the others

QQQQQQQQ_Y

Auction it. Full price discovery, no quibbling about value, no opportunity to reject offers.

Keep_pedalling

https://forums.moneysavingexpert.com/discussion/comment/81988225#Comment_81988225

That is only a sensible option if the place is unmortgagable, and would Still need agreement from all the e executors.

If the priority is to get it on the market ASAP then bite the bullet and pay a bit more to sell it.

Savvy_Sue

When one person seems to be set on a particular course of action which others disagree with, is it worth one of the others trying to have an open conversation with them? Preferably face to face, but if not then at least by phone. If they feel 'ganged up on', they may dig in their heels. In a more open-minded situation, it may be easier, for either side to convince the other.

Also, if you're not the only beneficiaries, can you argue on their behalf? If you're the only beneficiaries, that one is not so easy to use, but may be possible.

And, some people set more store by 'logic' than others, and we don't always see things in the same logical light. DH is very logical, but I can't always see his reasoning until he explains it.

It may be that for THAT property, in THAT place, there are arguments for using THAT agent, or that THAT agent may offer services which would make them the obvious choice if you wanted a property in THAT kind of place.

And there are some pragmatic solutions above: market for minimum period, or just get on with it and see what happens.

downshifted

Thanks for your comments. The house is fine and should sell as well as any other in this market. The one to one conversations have been had, the individual just keeps asking more questions. There seem to be no reasons for going with that particular agent, indeed the recalcitrant trustee has been shown to make bad choices in the past, they started out taking the lead but did not do well so the others are now stepping up,The other 3 can’t proceed without all four agreeing. The compromise that has been put forward, basically everyone’s second choice estate agent, has not been accepted. Relationships are breaking down. There are no other beneficiaries. The individual seems to think they are more knowledgeable and should be in charge but the others don’t agree

QQQQQQQQ_Y

https://forums.moneysavingexpert.com/discussion/comment/81988324#Comment_81988324

Nope, auctions are used for many reasons and by many people - lots of auction properties are mortgageable - indeed several auctioneers offer services of this nature. An auction wouldn't be my first choice (because of the cost), but they are often used where there is a need to settle an estate.

RAS

This isn't rational, so there's no point using reason.

Can I suggest that you agree to use the difficult executor's choice for a limited period? Check the terms and conditions, agree in writing for all of you. The co-operative executors need to agree a minimum price between them.

If the EA doesn't achieve that in the time frame, the contract moves.

Or accept but insist the difficult executor pays any additional costs, again with an agreed minimum?

Flugelhorn

https://forums.moneysavingexpert.com/discussion/comment/81988434#Comment_81988434

sorry you have this - there is always one who thinks they know it all and can do better than anyone else - usually a good example of the Dunning-Kruger effect

Brie

Maybe call up the suggested EA and ask if s/he can match the price of the others you've found.

gplion55

I was under the impression that the Trustee's only function is to ensure that the assets get sold? Surely it is the Excutor(s) who is/are organising the sale or choosing which agent to use. If you are unsure talk to your solicitor for advice. A Trustee's powers are limited.

You could try your own estate agent first and if it doesn't sell try the other one. Contracts are around 12 weeks these days.