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Still no memo of sale

6 replies

kirinm · 28/03/2025 09:11

We saw the house probably over a month ago now. We were told it was chain free and because it’s not really liveable and we are in rented following our own sale, that we could probably get the sale through in a couple of months giving us a couple of months after completion to gut the house whilst still in our rental (which is on a fixed term lease).

We do the second viewing and agree to make an offer. First offer is rejected within a day or so. We increase in line with the EAs recommendations but are then told the sellers don’t have probate yet and are in a chain. EA says he thinks he can persuade them to go into rented. No response to offer for a week so we withdraw on the basis that the EA is probably talking bollocks and we really do need to try and get this house in the summer because of the work that’s needs doing - not a great prospect in a cold winter.

Offer suddenly gets accepted and there’s an agreement to try and move into rented. We are still pretty unsure but say we will need to get mortgage valuation because most high street lenders won’t lend on it (in fact there’s only one). Our mortgage application is in, solicitor appointed. Two weeks on and there’s still no memo of sale. Zero input from the EA.

Given the background and we are now 3 weeks from making our increased offer, this is starting to feel like we were right to feel very hesitant. The memo of sale is hardly a big deal unless the seller hasn’t appointed a solicitor. And if they haven’t appointed a solicitor then it doesn’t look like it’s going to be the quick sale the EA said it could be.

I’m so annoyed with myself for even vaguely believing the estate agent!

Other than wanting some evidence that there is some motivation to sell, I would like my solicitor to speak to someone about the probate issue. She did offer to speak to the EA but I honestly don’t know if they really know what is going on. Probate has been ongoing for 18 months.

This isn’t going to be a quick sale, is it?

OP posts:
kirinm · 28/03/2025 10:00

We’ve had an update and it sounds like it’s going to be a massive slog. They are now going through the estate agents recommended solicitors.

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rrrrrreatt · 28/03/2025 10:10

EAs are an absolute bugger for misrepresenting the chain and potential time frames. Our “quick” sale took 9 months!! Our seller also used the EA’s recommended solicitor and they were no help at all.

Do you know where they are in the probate process and when they started? Is it the person above this house that would move into a rental, given the one you’re buying is inhabitable?

kirinm · 28/03/2025 10:16

It’s the sellers who will supposedly go into rented. It’s really very grim but they do live in it. I don’t think they should and I’m surprised they aren’t sick. It felt like a referral to social services was needed.

They are EIGHTEEN MONTHS into probate! EA didn’t even know they hadn’t got probate and it was only when I asked that they did.

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housethatbuiltme · 28/03/2025 12:33

kirinm · 28/03/2025 10:16

It’s the sellers who will supposedly go into rented. It’s really very grim but they do live in it. I don’t think they should and I’m surprised they aren’t sick. It felt like a referral to social services was needed.

They are EIGHTEEN MONTHS into probate! EA didn’t even know they hadn’t got probate and it was only when I asked that they did.

18 months indicates a MASSIVE problem in failing to secure probate, basically they likely don't have a claim to it. They have already missed the deadline to pay inheritance tax which is a give away.

We had the same but we did have a memorandum though so lost money.

We offered on a house, where told at viewing probate had been applied for and would be done by April (2 months later). April came and went it turned out there was no probate in action (we already had spent on surveys etc...). We found out from conveyance that the owner had died over a year prior to our offer so already had failed but they wanted to 'fight it'.

Cut a long story short, they had failed probate which during that application had highlighted there was off shore accounts and other dodgy sounding stuff, lots of legal talk about court cases and issues with double rules and other countries laws. Nothing moved for a YEAR and eventually the house was repossessed by the bank who got sick of waiting and who then cancelled the sale.

A whole year of stress and limbo and we lost a money through no fault of our own.

kirinm · 28/03/2025 12:41

I had no idea it was possible not to get it!

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kirinm · 28/03/2025 12:47

We have been told that they need to pay tax asap.

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