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Sellers draging feet and probate

13 replies

housethatbuiltme · 28/06/2024 14:32

Before ranting, I know we are fortunate to not 'need' to move urgently as we a chain free and in rented accommodation. Technically there is nothing that means we HAVE to move at any point but...

We saw a house come on the market in June 2023, it was well priced so we tried to book a viewing but where informed the tenant was refusing access. Fine we just struck it off the list.

Six months later estate agent emails back to say tenancy ended and the tenant is now gone (house empty) if we still wanted to view. We had just had the other house we offered on fall apart (literally) so thought why not and we liked it so put in an offer which was accepted.

We where told it had damp (they seemed very honest about that pointing out the damp) hence the reasonable price. To be honest its an old house and damp is common in most Victorian houses so didn't bother us. We plan on it being a forever home and we are not expecting perfection in a 100+ year old house so have a budget to fix issues like that and make some changes to suit our needs.

After offering we where also told it was in probate so couldn't be sold until probate is granted which would be 'Easter'.

The hope was to be moved in by the 6 weeks holidays so we can enjoy the garden in the summer time and then the kids are ready for the school start. Figured 6 months was plenty of time.

That was 6 months ago. We have had surveys done and the pointing is fine but it needs a whole new roof as its leaking and structurally damaged due to wood rot (so a lot more expensive and a lot of building work before we could move in delaying moving even more). The longer it stands empty the more I worry about the damage being done to it buy the leaking roof.

However we emailed the EA again to chase up whats going on with probate as 6 months is a long time, to be told by the head EA (not the one we have been dealing with) that the seller hasn't even applied for probate yet but 'assuring me' that he plans to 'next week or so'.

The paperwork from the conveyance solicitor shows the owner died over a year ago. I though you only had 6 months to apply for probate under inheritance laws (thats what we where told as we just went through probate last year ourselves).

We still want/need the house + have put money into the surveys and everything. There is no other suitable house for sale (size, price or location wise) and we would rather not move than to move to somewhere not suitable but I'm just sick of being lied too and waiting round for nothing to happen.

Previous sellers of the other house we offered on messed us around for 6 months too by just refusing to instruct a solicitor (and the roof collapsed in a storm during that time). That's why we gave up, withdrew and offered on this one instead.

Is house buying always this bloody hard or are we just insanely unlucky? to get two sellers who seemingly have no interest in selling and would rather let the house rot that complete a sale even though we offered asking price (well above value price on the first) both times and been nothing but patient and easy going.

OP posts:
Reno2023 · 28/06/2024 14:53

Wow this is very unlucky and selfish of them to wait 6 months to even apply.
We are buying a probate house at the moment and also chain free in rented accommodation.
The house we offered on came up late March, and probate was applied for early April. Probate was approved within 8 weeks and we are now hopefully in the final stages. I think you should threaten to pull out if the application doesn't go in within a week.

PickledPurplePickle · 28/06/2024 14:59

I’d pull out

Probate can take many many months

sparkles79 · 28/06/2024 15:15

Pull out, that's a long time.

Iliketulips · 28/06/2024 15:18

Not sure how long Probate is taking right now, but the house next door is vacant for the same reason. I know Probate was submitted before February, Executor was told April, he'd receive it early May - he's still waiting (there's been no queries raised), desperate to get property on the market as the poor chap has two Probate properties to deal with for family.

Unless you can play a long waiting game, I'd pull out.

housethatbuiltme · 28/06/2024 15:49

Thank you for your replies.

As I said we are lucky that we aren't in a chain or anything that waiting isn't changing anything. It just frustrating and I don't really want to put anymore money into it until something is happening.

Figure in for a penny in for a pound because if we pull out then we lost the money anyway. I have started keeping an eye on rightmove again though but theres nothing else suitable.

The EA said they will apply next week and probate will take 6 weeks so in 7-8 weeks time it will be sorted but I just don't see why they haven't applied already. I'm more just frustrated its taking so long and the state the house might fall into.

I am definitely going to insist on seeing it again before anything gets serious to make sure it hasn't got worse inside because we haven't been in it since having a builder out to look at the roof in March.

OP posts:
Purplepepsi · 28/06/2024 15:51

Probate is taking 16 weeks at the moment. I know as our purchase is a probate sale and the 16 weeks should be middle of July they applied before they put it on.

www.gov.uk/applying-for-probate/after-youve-applied#:~:text=You'll%20usually%20get%20the,arrive%20than%20your%20UK%20copy.

PlatinumMoon · 29/06/2024 06:16

I had Probate granted in 4 weeks + 2 days last month. The email registering receipt of my application said it could take up to 16 weeks, so I was amazed when a 2nd email advised it was granted and I received the certificates 2 days later.
It seems like the Executors of your potential purchase do not know what they are doing, so even if they do apply soon, the application may require additional information or clarification / evidence, so may take even longer than anticipated.
Tough decision to walk away after you’ve invested in this house, but you may have to cut your losses.
You must definitely view the house again to reassure yourselves now it’s empty.

Billybagpuss · 29/06/2024 06:26

Probate for my uncle took 17 weeks and was granted to day it was chased. We gave them an extra week to account for Christmas and the early Easter. We didn’t put the house on the market until 4 weeks into probate and it completed 3 weeks after it was granted. You are strongly advised not to market it until this point.

this guy is messing you about big time. I’d pull out and look elsewhere.

TemuSpecialBuy · 29/06/2024 06:34

you were unlucky yet also very lucky with house 1,

house 2 - my conclusion is probate houses are a nightmare Particularly if there is more than 1 beneficiary.
We gave up trying to buy them.
we had an offer in on one the EA basically said it would be a year at least (probate hadn’t started, sue wanted the roses from the garden, Dave wanted certain items from the house, Jim wanted to rent it while they decided if they really did want to sell as probate might take a while so it was marketed as for rent and for sale) and we backed out.
the next one said they were halfway through probate and it was imminent. They dicked us about for 6 months in similar circs to yours (damp and ingressing water) then tried to ask for an extra 50k due to rising market prices this was still with no exchange date in sight. We put an offer in on a “divorce house” and completed in under 3 months.

Flowersallaroundme · 29/06/2024 06:42

Just got probate in under 4 weeks, very surprised as the online reply said to expect 16 weeks. So if they get on with it, hopefully not too long in your seller’s case.

anon3455 · 29/06/2024 10:34

Not to dishearten you, but we waited for 3 years for a house under similar circumstances- the estate ended up being complicated and the solicitor was incredibly slow. I would be prepared for a longer wait- I guess it depends how much you want the house!

GettingStuffed · 29/06/2024 17:55

Probate for us took 18 months, mainly due to incompetence from them. We're not the only ones.

StopTheGreyness · 29/06/2024 18:26

This smells of a dispute. If it is, run like hell.

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