Buying a probate property
Posted: January 2nd, 2019, 6:29 pm
First time buyer here, looking for advice... I'm interested in a property that is a probate sale. I've read up a little on pitfalls around this (mainly potential for sale to drag on while formalities are concluded). Before I follow-up with the estate agent, I thought I'd check here to gather any experience people here have had...
I understand a key event is probate being "granted". At what point is probate granted? Is it towards the start or the end of the process of dealing with the deceased's estate? I ask because the property has been on the market since the summer (of 2018) but I can't any record of this when searching the probate service (I can't post URLs, but Google "probate search service" and you'll see this page as the top result). Of course its possible the deceased is listed under another address, but it seems very likely from the property that is was their primary/sole residence. I will follow-up on this with the estate agent, but as they say, forewarned is forearmed.
As an aside, I believe the vendor is legally obliged to be truthful when answering questions about the property. In this case, the executors may be able to claim some degree of ignorance. Is the potential for problems here serious? I noticed a (relatively narrow) crack on an exterior wall - it's a Edwardian house and I expect it's quite normal. I asked the estate agent if they were aware of any history of subsidence - they said "that's what surveys are for". I would plan to conduct a survey if I have an offer accepted, but it would save everyone's time if any historical issues were put on the table. Am I expecting too much of the estate agent, or is it normal to ask this type of question (even if I accept the answer can legitimately be "not that we know of" / "we don't know")?
Thanks in advance for any advice.
I understand a key event is probate being "granted". At what point is probate granted? Is it towards the start or the end of the process of dealing with the deceased's estate? I ask because the property has been on the market since the summer (of 2018) but I can't any record of this when searching the probate service (I can't post URLs, but Google "probate search service" and you'll see this page as the top result). Of course its possible the deceased is listed under another address, but it seems very likely from the property that is was their primary/sole residence. I will follow-up on this with the estate agent, but as they say, forewarned is forearmed.
As an aside, I believe the vendor is legally obliged to be truthful when answering questions about the property. In this case, the executors may be able to claim some degree of ignorance. Is the potential for problems here serious? I noticed a (relatively narrow) crack on an exterior wall - it's a Edwardian house and I expect it's quite normal. I asked the estate agent if they were aware of any history of subsidence - they said "that's what surveys are for". I would plan to conduct a survey if I have an offer accepted, but it would save everyone's time if any historical issues were put on the table. Am I expecting too much of the estate agent, or is it normal to ask this type of question (even if I accept the answer can legitimately be "not that we know of" / "we don't know")?
Thanks in advance for any advice.