Can they sabotage house sale?

Taz81

Probate is about to come through on our deceased father's property. He died intestate so I will be administrator of the estate (which is really only the house) within a month. And my plan is to sell the property immediately and administer the proceeds, which will be split equally between myself and my two brothers.

The problem is this: they live in the property and I do not. And furthermore, they are saying they do not want to sell straight away. Now I know that the sale of the property is up to me, as administrator, and will go ahead no matter what.

I am just wondering that if they decide to sabotage the sale, which I am thinking is quite likely, where do I stand? What, if anything, can I do to prevent this. For example, the house needs some cosmetic work done before it can be put up on the market, and I sense that they will not allow this work to be done. And if the house was to be viewed by potential buyers, I know they'd have the place stinking with cigarette smoke, just to boycott it.

We are not on speaking terms, and I am very worried that this sale will be a nightmare to achieve. Any advice would be appreciated.

Paulw

Your best option - talk to them and work out your family issues.

Because they are resident, you will actually have a hard time removing them or getting their co-operation.

It may actually become a very complex situation.

jdivision

Get the house valued, then get them to buy out your share. Problem solved.

the_syco

jdivision wrote: »

Get the house valued, then get them to buy out your share. Problem solved.

+1. Why look for a buyer in the current market when you can already have one (or two, as the case may be).

dewsbury

jdivision wrote: »

Get the house valued, then get them to buy out your share. Problem solved.

Not really sure if this works. E.g. If house was worth €450,000 then could the other two parties get and pay mortgages of €150,000.

I would say, slow down a bit.
Don't hassle the others about renovations.
Given the facts I would say that there is no point renovating until they are out of the house.
Try not to get more and more bitter.

Is there anybody who could act as a mediator?
Consider what the others could do with their share of the equity? I.e. if they suddenly had X amount of money what would they do?
What other property could they buy or rent.

If things get delayed for a few months it is not a disaster.

Taz81

Thanks for the replies so far.

The problem is they couldn't afford to buy me out and neither or both together could get a mortgage, I am sure.

Dewsbury, as a mediator, do you mean a solicitor who could take over this task from me? Or just someone to make them sit down and see sense?

It is no secret that the house has fallen in price in recent months.

antoinolachtnai

It will take a long time to sell the house from under your brothers.

I didn't suggest the mediator, but I agree and my idea would be someone who would talk to them and ask them what they want to do.

I wouldn't bother doing up a house to sell it in these circumstances. Bit of a lick of paint, a clean and a clear-out but that's about it.

It will be difficult to evict from the house in order to sell it. No one will buy it whilst they are in possession and unwilling to leave (I would think).

a.

Victor

They only need to get a mortgage for a third of the value of the property. With two thirds equity, a bank might look at the case benignly.

dewsbury

Taz81 wrote: »

Dewsbury, as a mediator, do you mean a solicitor who could take over this task from me? Or just someone to make them sit down and see sense?

No, I would suggest a mediator but not a solicitor.
The solicitor would simple want to "go legal" and this gets offensive and very expensive. It could result in more tension and lots of expense.

A mediator could be a relative, preferably somebody over 30 and with good people skills. I accept that such a person may not exist.

On reflection, if your brothers have lived there all their lives then I don't blame them for taking their time. It could be quite a traumatic move for them. The fact that you are the executor of the will is purely a duty and does not give you any special rights.

It is tricky but above all try to reduce the tension and accept that these things take time. It could easily take a year or more to sort the matter out.
Ultimately you will inherit a lot of money.

jubi lee

i think you'll have a hard time selling it without their agreement.
they can contest it as there was no will.
if i were you i'd try to work it out amicably and not dump them out of their home.