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    • PassingOutInTheParade
    • By PassingOutInTheParade 10th Aug 18, 6:15 PM
    • 79Posts
    • 78Thanks
    PassingOutInTheParade
    Buying Probate House - how to ask about the Grant
    • #1
    • 10th Aug 18, 6:15 PM
    Buying Probate House - how to ask about the Grant 10th Aug 18 at 6:15 PM
    I'm still waiting for my seller to get Probate on a house I had an offer accepted on nearly 4 months ago.

    When they showed me round they said they had filled the forms in and the solicitor said it would be 'through in a couple of weeks'.

    Their estate agent seems reluctant to ask if the Probate has even been applied for and my solicitor has had no response from the seller's solicitor regarding the grant.

    I've checked online and they haven't received the grant yet.

    How do tactfully ask the seller about it? I appreciate these things take time but I feel I should be made aware if there is an issue rather than just keeping me dangling.
Page 1
    • -taff
    • By -taff 10th Aug 18, 6:20 PM
    • 8,459 Posts
    • 6,971 Thanks
    -taff
    • #2
    • 10th Aug 18, 6:20 PM
    • #2
    • 10th Aug 18, 6:20 PM
    Tell the estate agent you're considering pulling out if you don't get an update within a couple of weeks. It's up to them to press then.
    • PassingOutInTheParade
    • By PassingOutInTheParade 10th Aug 18, 6:27 PM
    • 79 Posts
    • 78 Thanks
    PassingOutInTheParade
    • #3
    • 10th Aug 18, 6:27 PM
    • #3
    • 10th Aug 18, 6:27 PM
    Tell the estate agent you're considering pulling out if you don't get an update within a couple of weeks. It's up to them to press then.
    Originally posted by -taff
    I've asked the agent repeatedly but they just keep saying 'it will come through'.

    Starting to think there is more to this eg a challenge to the will or something that they are not telling me about.
    • Flugelhorn
    • By Flugelhorn 10th Aug 18, 6:59 PM
    • 994 Posts
    • 1,194 Thanks
    Flugelhorn
    • #4
    • 10th Aug 18, 6:59 PM
    • #4
    • 10th Aug 18, 6:59 PM
    I gave the estate agent a copy of the probate when I put the house on the market - they seem to expect this as otherwise I had no right to sell the property.

    I think you need to press a little more to make sure it has at least been applied for - would start muttering about pulling out if they don't give some info
    • Brynsam
    • By Brynsam 10th Aug 18, 11:32 PM
    • 1,677 Posts
    • 1,228 Thanks
    Brynsam
    • #5
    • 10th Aug 18, 11:32 PM
    • #5
    • 10th Aug 18, 11:32 PM
    Tell the estate agent you're considering pulling out if you don't get an update within a couple of weeks. It's up to them to press then.
    Originally posted by -taff
    Beware being a paper tiger - don't threaten something you won't carry through.

    A more subtle approach might be to ask the estate for details of a couple of other properties which are of interest to you, murmuring gently that you are concerned about the lack of a reply to your solicitor's enquiries of the vendor.

    Any challenge to the will is likely to come after probate has been granted (until then few people are likely to know what it says) - and you have checked on line and probate hasn't yet been granted. Could just be that they are waiting on a probate office which is hopelessly understaffed, particularly in the last few months which are peak holiday time. None of that excuses the lack of a response from the vendor's solicitor. Has your solicitor phoned rather than just relying on an all-too-easy to ignore e-mail or letter?
    • Yorkshireman99
    • By Yorkshireman99 11th Aug 18, 3:00 AM
    • 4,586 Posts
    • 3,799 Thanks
    Yorkshireman99
    • #6
    • 11th Aug 18, 3:00 AM
    • #6
    • 11th Aug 18, 3:00 AM
    I'm still waiting for my seller to get Probate on a house I had an offer accepted on nearly 4 months ago.

    When they showed me round they said they had filled the forms in and the solicitor said it would be 'through in a couple of weeks'.

    Their estate agent seems reluctant to ask if the Probate has even been applied for and my solicitor has had no response from the seller's solicitor regarding the grant.

    I've checked online and they haven't received the grant yet.

    How do tactfully ask the seller about it? I appreciate these things take time but I feel I should be made aware if there is an issue rather than just keeping me dangling.
    Originally posted by PassingOutInTheParade
    Sounds to me like they are being dishonest. Either ask the seller or agent direct or tell them the deal is off unless a firm answer is given within seven days. Walk away if they will not play ball.
    Last edited by Yorkshireman99; 11-08-2018 at 10:56 AM.
    • PassingOutInTheParade
    • By PassingOutInTheParade 11th Aug 18, 9:00 AM
    • 79 Posts
    • 78 Thanks
    PassingOutInTheParade
    • #7
    • 11th Aug 18, 9:00 AM
    • #7
    • 11th Aug 18, 9:00 AM
    The issue is that the house really is the one for us. I don't want to upset the apple cart when I have got this far.

    I won't be threatening to pull out as there may be some small issue they are tidying up for the application. I'm also mindful that someone has recently passed away and they have the emotional stuff to deal with.

    It's just frustrating that no one communicates properly, and then you start to read between the lines.

    I'll be ringing my solicitor on Monday to see if he can find out more about the application.
    • Brynsam
    • By Brynsam 11th Aug 18, 10:08 AM
    • 1,677 Posts
    • 1,228 Thanks
    Brynsam
    • #8
    • 11th Aug 18, 10:08 AM
    • #8
    • 11th Aug 18, 10:08 AM
    The issue is that the house really is the one for us. I don't want to upset the apple cart when I have got this far.
    Originally posted by PassingOutInTheParade
    Quite - so ignore the answers which suggest stamping your feet and threatening to walk away.

    Sounds as if you are taking a very sensible and sensitive approach to this, but the two solicitors should be able to slug it out with a bit more - um - directness!
    • PassingOutInTheParade
    • By PassingOutInTheParade 11th Aug 18, 1:06 PM
    • 79 Posts
    • 78 Thanks
    PassingOutInTheParade
    • #9
    • 11th Aug 18, 1:06 PM
    • #9
    • 11th Aug 18, 1:06 PM
    My question really did focus on 'How do tactfully ask the seller about it? '.

    Thank you for your advice but I will take a sensible approach rather than throw my dummy out of the pram at this stage.

    My friends have advised getting bolshy over it but then I know what it's like going through a bereavement. I'm sure they wouldn't appreciate idle threats at this time, even if they did market the property perhaps a little too soon.

    Patience is a virtue, and all good things come to those who wait, I suppose.
    It's just very frustrating.
    • getmore4less
    • By getmore4less 11th Aug 18, 2:18 PM
    • 33,238 Posts
    • 20,067 Thanks
    getmore4less
    The issue with probate sales is understanding the motivations of the parties involved.

    They can happen very quickly when the people are motivated or take forever/never

    They are in the same pool as separation/divorce sales.

    What you need to try and determine is are all parties on the same page.

    What about another viewing to do something that shows you are still keen and may get a chance to discuss progress.
    • Tealblue
    • By Tealblue 11th Aug 18, 4:48 PM
    • 778 Posts
    • 1,109 Thanks
    Tealblue
    The issue with probate sales is understanding the motivations of the parties involved.

    They can happen very quickly when the people are motivated or take forever/never

    They are in the same pool as separation/divorce sales.
    Originally posted by getmore4less
    You might be overthinking this - normally the 'motivation' of the personal representatives is to get shot of the property as quickly as possible so that the estate can be sorted out. Obviously there are exceptions, such as those frozen by grief or sentiment, or bickering which puts a stop on most activity - but that doesn't seem to be the case here.

    OP, I have two thoughts: either the solicitor didn't quite tell it like it was/is to the vendor; or (as someone else has said), it is simply a delay at the probate office.

    The really annoying bit is that the vendor's solicitor isn't responding to queries from your solicitor. It could be they don't know (in which case saying so would be useful); or more likely it is a fixed fee conveyance, in which case they will be doing the minimum possible.

    The one thing you can take comfort from is that probate hasn't been granted (and you can keep an eye on that online, as you already know), so nobody else can buy the property.

    Hope it the logjam soon unjams and your purchase goes through smoothly.
    • Marcon
    • By Marcon 11th Aug 18, 5:09 PM
    • 541 Posts
    • 404 Thanks
    Marcon
    The issue with probate sales is understanding the motivations of the parties involved.

    They can happen very quickly when the people are motivated or take forever/never

    They are in the same pool as separation/divorce sales.
    Originally posted by getmore4less
    There are two fundamental differences: separation and divorce almost always come with acrimonious baggage. Many executor sales result from the death of an elderly person, so although there may be understandable grief, there is rarely the same level of bitterness or rancour.

    The other difference is that sales resulting from a marriage breakup will normally mean the property is sold with full title - the parties are familiar with the property and will have had some opportunity to prepare for the sale.

    Executors may know next to nothing about the property they have to sell. Even though they are likely to sell with limited title, there are certain things they still need to do (e.g. get an EPC, clear the house) and these practicalities can take time, especially if they live some distance from the property being sold and cannot easily delegate these tasks to someone living locally.

    Having said all that, on balance I suspect it's a delay at the probate registry!
    • Yorkshireman99
    • By Yorkshireman99 11th Aug 18, 5:36 PM
    • 4,586 Posts
    • 3,799 Thanks
    Yorkshireman99
    My question really did focus on 'How do tactfully ask the seller about it? '.

    Thank you for your advice but I will take a sensible approach rather than throw my dummy out of the pram at this stage.

    My friends have advised getting bolshy over it but then I know what it's like going through a bereavement. I'm sure they wouldn't appreciate idle threats at this time, even if they did market the property perhaps a little too soon.

    Patience is a virtue, and all good things come to those who wait, I suppose.
    It's just very frustrating.
    Originally posted by PassingOutInTheParade
    I hear what, you say but please do beware of the unscrupulous vendor. estate agent or solicitor. It is not umcommom for one or more of them to string a potential puchaser along. Whilst I may hav put things bluntly \i am sure you can be very firm. but still tactful in making it clear to the vendor taht there is a need for candour. If they will not respond to a reasonable reguest for information it sugests that they are not saomone you really want to do business.with. There are plenty of opportunities for vendors to emotionly blackmail potentential buyers. Try and consider the situation unemotionly. There are few really unique houses on the market.so do consider other properties.
    Last edited by Yorkshireman99; 11-08-2018 at 5:41 PM.
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