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House for sale/Estate Agent/Solicitors/Probate property...homeless!


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Long storey short:

 

we have been trying to purchase a property since January 2010, its a big move for us we are moving some 80 miles.

 

The house owner died December 2009, although the house had been for sale for some 4 years prior.

 

The property was not disclosed to us as being sold subject to success of issue of 'grant of probate'...we weren't told the owner has passed away. We have bought this house 3 times now...being gazumped twice over with those deals quickly going sour, before at last getting a guarentee from the agent/solicitor/executor that they would not consider any further offers...it's been very painful purchase from the off.

 

When it came to our attention that the owner had died we asked "has probate been granted"? We were told yes, then once we learned a little more about probate and asked a few more searching questions, we were told that it was "ongoing" but whould be thru by March, early April latest.

 

We had survery done, mortgage agreed...still no joy with sale.

 

Our solicitor (M) handling our purchase is getting no answers and/or incorrect information from the estate agent and the probate solicitor © handling the sale, © seems very reluctant in being available too.....

 

M has told us we should consider walking away as she feels 'something isn't right'....

 

My wife, early May, in desperation called the solicitor handling the probate sale telling the guy our situation and he simply lied to her, saying that probate had been apllied for and will thru in 10 days....we have since learned that probate had not been applied for as late as May this year:evil:

 

We then had a definate date of 14th June, this has now passed and no sale yet or prospect of one.

 

We are renting are the moment and have to be out by end of June, we have given formal notice.

My wife changes job end of June to new location, I have relinquished the lease on my business site to take on another business where 'are' moving too.

 

....hindsight, verbal statements by estate agents and solicitor all come to mind.....

 

Has anyone any ideas on how we can proceed, we still want the house it is ideal for us, but how much longer do we hold out? We have zero confidence or trust in the agent and solicitor selling the property.

 

I think we are going to be homeless, my business will not be able to operate and my wife maybe out of a job....can it get any worse?

 

any help very welcome:)...or loans of tents/caravans!

Edited by iconic558
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Gazumping a a despicable thing which makes the people that do it despicable also and can be very upsetting. The only way out of it is to offer a deposit with a contract drawn up by your solicitor signed by the seller.

You should also insist once your offer has been accepted that the house is taken off the market and a Sold sign is erected.

 

If you have had your survey etc; done, that is lost money that you can't claim back.

 

My sister was gazumped many years ago so I know what it means and my heart bleads for you.

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Gazumping a a despicable thing which makes the people that do it despicable also and can be very upsetting. The only way out of it is to offer a deposit with a contract drawn up by your solicitor signed by the seller.

You should also insist once your offer has been accepted that the house is taken off the market and a Sold sign is erected.

 

If you have had your survey etc; done, that is lost money that you can't claim back.

 

My sister was gazumped many years ago so I know what it means and my heart bleads for you.

 

thanks for the reply:

 

the gazumping thing is done and dusted, house if off market, sold sign up....so all OK here

 

we were wondering if there was any legal body we can complain too as we feel we have been mislead over the sale of the property by both the agent and the solicitor acting for the sale...maybe the intervention of someone with some clout may get an honest answer which is we or anyone really wants?

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Be sure of what you want to complain about and be able to show that your claim isn't malicious or sour grapes.

 

www.legalcomplaints.org.uk (If we find that you have received poor service from your solicitor, we may tell your solicitor to pay you compensation)

 

845 608 6565

 

Good luck iconic and may your business prosper.

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