Professor Property Advice
I am a first time buyer and after a long search I found and placed an offer on a house that came up for sale through a local estate agent. My offer was accepted back in February and so I have proceeded to appoint solicitors, arrange a mortgage and proceed with the sale. Every thing seemed to be going smoothly, the survey was ok, my mortgage offer was accepted and I received the seller’s home information pack, after everything was agreed I signed the contract and sent my 10% deposit to my conveyancing solicitors. Since then nothing has happened and 3 months have passed, despite numerous phone calls to both my solicitors and the estate agents. Finally after more than 3 months of being fobbed off I have found out that the house used to belong to a relative of the seller who recently deceased. The sale has not been able to progress because the seller does not have probate and does not know when or if it will be obtained. Mean while I am forking out hundreds in over inflated rent as I have come to the end of my rental contract and have paid hundreds in all the arrangement fees. Am I entitled to any compensation as the seller does not actually legally own the house? Should the house have been offered for sale if probate was not confirmed?
Something doesn’t seem quite right here as probate would have had to have been granted to get as far as you have with the contract I think. I'd talk to your solicitor and try and establish why this fact wasn’t established at the outset. I’d suggest talking to a solicitor if necessary.
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