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Should we pull out of purchase ?

9 replies

Blossomsmum87 · 31/08/2018 14:50

We put our house on the market in April and completed in mid July. Attempted to put an offer on a chain free property a week before we exchanged but agents wouldn't accept until we had done so, cue lots of rushing around and us dropping the price of our house slightly to get it through. Anyway offer accepted, we moved out of our property into a relatives. We are relocating 200 miles away so its quite a big upheaval with 4 kids! The property was chain free and vacant and the agents had assured us we would be in in 8/9 weeks, just before school started in September. Everything from our side was done in 3 weeks, but the vendors solicitors (who was recommended by the agent and is apparantly known to be very slow by locals) still had not sent over the property info form and had failed to answer questions. The agents kept reassuring me that they were on to it. Our solictor eventually got some paperwork through and said as long as they send remaining bits we could exchange, again agent reassured us they would push vendors solicitors. The week we had believed we could exchange (week 6) our solicitor spoke to the agent who notified her that it might be a probate sale !? They assured her they would find out more from vendor but a day later i still knew nothing. Obviously by this point we decided to contact vendor by letter to see whether he could clarify as we were still in the dark. We immediatly were contacted by the agent who was horrified and promptly told us that they had known it was a probate sale all along ! We apparantly didn't need to know this as conveyancing runs along side probate and can happen in the same time. They couldn't care less that we were lied to and have told us that it is our fault for wanting a very quick sale rather than the regular 10-12 weeks. Our children will now not be starting school next week and our child with SEN is without a placement. We are also 9 weeks into staying with a relative with 4 kids and all of our stuff in storage, it's an absolute nightmare ! All made worse by the fact that if we had known it was a probate sale we wouldn't have touched it with a barge pole !
We are apparantly now waiting for the vendor to be granted probate and have been told random dates in September and October when they believe it will happen. We however have lost all trust in the agents and don't believe we will be moving there anytime soon.
We decided in the meantime to look at other property and we have found one that we really love. We enquired whether the buyer would consider rental if they hadnt found a property, so we could move in 6ish weeks. We are waiting to hear if they will accept our offer and go ahead.
We are just so conflicted, if we put an offer on new house we will have to pull out of the old one. Potentially the old house could be ready in 3 weeks if the probate comes through ( solicitors however have still not answered all questions though )but we are taking the gamble that they are now telling the truth, however I just cant help thinking there is more going on after receiving another email from the agent saying that there are delays due to holidays.
On the other hand we could get our offer accepted on the new property on the basis that they move when we are ready ( we offered more based on this) and then they might decide not to, in which case, i just don't know Hmm.
Has anyone got any words of wisdom, we literally don't know where to go from here ?

OP posts:
SockMatchmaker · 31/08/2018 15:25

Honestly? There’s no way of knowing which will complete quicker, it should be the first one but if they’re liars and slow... but likewise the second house sellers could end up being liars with slow solicitors...
My advise is to go with the house you like the most.

BubblesBuddy · 31/08/2018 15:39

I think it’s morally wrong to sell a house that is subject to Private because, in effect, they cannot complete on the sale! It’s not technically theirs to sell until probate is granted. Probate can be very long winded if there are complications and then the beneficiaries have to agree on the sale. I assume this could have happened but the fact you didn’t know about the probate is wrong. They cannot complete on the sale.

I would walk away. Find a house where the vendors want your money and are keen to go. You are excellent chain free buyers. Use that to get a better situation for your family regarding a quick move. I wouldn’t trust your current vendors or the people representing them.

BubblesBuddy · 31/08/2018 15:40

Private - probate!!!

MovingThisYearHopefully · 31/08/2018 15:54

I'd go with house 2. The first lot have completely wasted your time. You don't owe them anything.

sulee · 01/09/2018 16:46

I’d definitely go for number two, wouldn’t trust the first lot now!

ElspethFlashman · 01/09/2018 16:50

Go for number 2. I've been waiting on completion of probate for an inheritance for 2 years +!

mommybear1 · 01/09/2018 17:10

I'd also go with house 2 you have been messed around too much by the agents on house 1 to have any trust in what they tell you at all.

Jonathan1972 · 02/09/2018 17:32

All the posts here are speculating that probate could take months/ years but you don't know that. The Estate Agent doesn't seem to be a reliable source of information so you should find someone senior at your solicitors firm (not the paralegal who has likely done all the work but a named partner) to make enquiries. When you have better information then make a decision.

Daisy2990 · 04/09/2018 18:17

We were in a similar position a few years ago, although the survey threw up lots of issues so we had already decided to pull out, we only found out it was a probate sale while viewing another house and mentioning the one we were pulling out of.
We bought a different house and didn’t look back.

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