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Exchanged - Owner now passed away

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24567…14

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  • TamsinC
    TamsinC Posts: 625 Forumite
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    you have already exchanged - she cant ask for more money - in fact if she wants you to go away she will have to pay you
    “Isn't this enough? Just this world? Just this beautiful, complex
    Wonderfully unfathomable, natural world” Tim Minchin
  • D_M_E
    D_M_E Posts: 3,008 Forumite
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    You need to talk to your solicitor about her "offer" as a matter of urgency - she should not be approaching you like this.

    Stay away from her solicitor or the solicitor on the vendor's side dealing with the sale, there's no telling what they may persuade you to sign.

    As has been said many times in this thread, the estate is legally bound to complete the sale to you at the agreed price at exchange of contract, not some inflated price she may come up with.

    If the sale does not happen on the agreed date then your solicitor should serve notice on the estate and start proceedings to recoup all your costs and all costs incurred by those in the chain below you which would be passed up and eventually land in your hands.
    There is usually, but not always, a wait of a few days before starting any such action in order to give the seller - the estate - a chance to complete as arranged, but only a few days - I think it's called Specific Performance of the contract, your solicitor should know.

    TALK TO YOUR OWN SOLICITOR AND NO ONE ELSE'S
  • steampowered
    steampowered Posts: 6,176 Forumite
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    Personally I would not visit the daughter's solicitor without your own solicitor present. That creates a high risk of agreeing to something you aren't happy with.

    I would ask the daughter's solicitor to put their comments in writing so that you can discuss them with your solicitor and take the appropriate advice.

    I wouldn't entertain the suggestion of changing the price even by a bit. That just opens up a negotiation you do not need to have.
  • Rushed44
    Rushed44 Posts: 16 Forumite
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    It's the vendors solicitor that has invited me to a meeting next week. My plan is to attend but I won't be agreeing to anything.

    We have decided we won't be paying anything extra.

    We have also decided not to tell our buyers and we will vacate on completion day. Well that's the plan anyway
  • kinger101
    kinger101 Posts: 6,284 Forumite
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    edited 17 August 2018 at 12:27AM
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    Rushed44 wrote: »
    It's the vendors solicitor that has invited me to a meeting next week. My plan is to attend but I won't be agreeing to anything.

    We have decided we won't be paying anything extra.

    We have also decided not to tell our buyers and we will vacate on completion day. Well that's the plan anyway

    I can't see the point in you attending the meeting arranged by the vendor's solicitor. Best to keep your powder dry. Just tell your solicitor to write a letter saying you expect completion. Her solicitor will probably explain to her again she's an idiot.

    *** I might be tempted to tell daughter she can buy it back off you for twice what you paid for it, as she seems to love it so much.
    "Real knowledge is to know the extent of one's ignorance" - Confucius
  • Sea_Shell
    Sea_Shell Posts: 9,387 Forumite
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    I agree with the others. Do not personally attend, let your solicitor deal with everything, that's what you're paying them for!!

    The Vendor's daughter's got her head in the clouds if she thinks its as easy as "give me more money, or your not buying the house" - Too late love, it's already SOLD!!!
    How's it going, AKA, Nutwatch? - 12 month spends to date = 2.31% of current retirement "pot" (as at end March 2024)
  • saajan_12
    saajan_12 Posts: 3,624 Forumite
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    Rushed44 wrote: »
    It's the vendors solicitor that has invited me to a meeting next week. My plan is to attend but I won't be agreeing to anything.

    We have decided we won't be paying anything extra.

    We have also decided not to tell our buyers and we will vacate on completion day. Well that's the plan anyway

    There's no need for a meeting with the vendor's solicitor
    PROs: None. Anything can be done via your solicitor, in a letter asking "Mr Vendor's solicitor, how to you plan to honour this contract?" e.g. complete as planned or delayed completion with them paying your costs or you buy elsewhere with them paying your costs & house value difference.

    CONs: you end up agreeing something or they convince you to delay / look elsewhere / pay more. IF your agreement overrides the original exchanged contracts then you can't claim costs under the original. Best to stay away and let your solicitor deal!
  • diggingdude
    diggingdude Posts: 2,445 Forumite
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    Somewhere on this forum there is a fantastic thread where a seller refused to sell after exchange. I can't find it on the phone but have a look, it was very informative
    An answer isn't spam just because you don't like it......
  • Doozergirl
    Doozergirl Posts: 33,813 Forumite
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    edited 17 August 2018 at 7:35AM
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    I wouldn't be keen to go to any meeting without your solicitor. Anything that needs discussing can be put in writing.

    I can only think that the plan is to give you a guilt trip. There isn't a reasonable alternative. It's highly unorthodox to speak to a vendor's solicitor.

    What is your solicitor doing? I'm hearing about the daughter and the vendor's solicitor, but not yours. It's yours you should be meeting with to have this explained out. And they should advise on whether you go to this meeting.
    Everything that is supposed to be in heaven is already here on earth.
  • Sea_Shell
    Sea_Shell Posts: 9,387 Forumite
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    Doozergirl wrote: »
    What is your solicitor doing? I'm hearing about the daughter and the vendor's solicitor, but not yours. It's yours you should be meeting with to have this explained out.

    I think they said they were away on holiday, (#11) as they'd spoken to them on the phone. Not the best timing, but can't be helped. Hopefully they're back soon and can sort this all out swiftly, without too much drama.
    How's it going, AKA, Nutwatch? - 12 month spends to date = 2.31% of current retirement "pot" (as at end March 2024)
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