Forcing through a house sale

Maccraith

Hi, does anyone have any experience in trying to force through a house sale? We went sale agreed for a house in May-2017, we have signed contracts and we've paid the deposit. However we learnt in July-2017 that the house needs a probate De Bonis Non application. Our solicitor informed us that this isn't the standard probate but it actually takes less time than a normal probate. While we thought this was lodged in July-2017, we recently found out that it was only lodged on the 11-Sep-2017. The probate office had a query on the 10-Nov-2017 which was apparently answered by the vendors solicitors on the 15-Nov-2017. This also resulted in us going to the beginning of the queue again.
On the 15-Dec-2017, we learnt that the probate office had another query but the vendor solicitors said it was minor and we wouldn't lose our place in the queue. Our solicitor also confirmed for minor queries, we shouldn't lose our place. During this entire process, the vendor solicitors have rarely responded to our solicitor. We've had to constantly call into the estate agent to get anything done. Our solicitor hasn't heard from the vendor solicitor since the 30-Nov-2017. He has called the vendor solicitors repeatedly and left multiple messages which he never gets a response. We only know about the second query through the estate agent. The vendor solicitors are also not responding to the estate agent now. Our contract states that the sale will be concluded within 14 days of the probate being issued. We've contacted the probate office but as we're not the owners of the house, they will not provide any details apart from confirming that the probate has been lodged.
Since we've gone sale agreed, two other houses on the same street as the house we're hoping to buy have been sold. These have gone for a significantly higher price than our house. We're starting to believe that the vendor maybe trying to stall the sale, so we'll walk away and they can put the house back up on the market. I know as long as we don't walk away they can't pull out of the sale but we can't afford to continue waiting indefinitely. 
If anyone has been in a similar situation, I would love to hear from you.
Cheers

fg1406

I’m not sure if it can be done with probate issues but have you asked your solicitor about a 28 day completion notice? We might have to pull this card ourselves as we are sale agreed since June 2017 and vendors solicitor hasn’t cooperated at all and like you, doesn’t reply to letters, emails or calls.

Maccraith

Unfortunately our contract doesn't have a closure date therefore our solicitor said we can't really issue a 28 day completion notice. Our closing date is recorded as 14 days after the probate is issued, so everything is pending the probate. I honestly think they haven't to the probate queries and they won't share with us what the query is. The lack of transparency is the part that I find so frustrating. I hope you get your house

fg1406

Here is a reply to a similar question from the Irish Times in 2016, but it doesn’t have good news I’m afraid

https://www.irishtimes.com/life-and-style/homes-and-property/can-i-sue-agent-over-house-purchase-delay-1.2584542

davindub

Maccraith wrote: »

Hi, does anyone have any experience in trying to force through a house sale? We went sale agreed for a house in May-2017, we have signed contracts and we've paid the deposit. However we learnt in July-2017 that the house needs a probate De Bonis Non application. Our solicitor informed us that this isn't the standard probate but it actually takes less time than a normal probate. While we thought this was lodged in July-2017, we recently found out that it was only lodged on the 11-Sep-2017. The probate office had a query on the 10-Nov-2017 which was apparently answered by the vendors solicitors on the 15-Nov-2017. This also resulted in us going to the beginning of the queue again.
On the 15-Dec-2017, we learnt that the probate office had another query but the vendor solicitors said it was minor and we wouldn't lose our place in the queue. Our solicitor also confirmed for minor queries, we shouldn't lose our place. During this entire process, the vendor solicitors have rarely responded to our solicitor. We've had to constantly call into the estate agent to get anything done. Our solicitor hasn't heard from the vendor solicitor since the 30-Nov-2017. He has called the vendor solicitors repeatedly and left multiple messages which he never gets a response. We only know about the second query through the estate agent. The vendor solicitors are also not responding to the estate agent now. Our contract states that the sale will be concluded within 14 days of the probate being issued. We've contacted the probate office but as we're not the owners of the house, they will not provide any details apart from confirming that the probate has been lodged.
Since we've gone sale agreed, two other houses on the same street as the house we're hoping to buy have been sold. These have gone for a significantly higher price than our house. We're starting to believe that the vendor maybe trying to stall the sale, so we'll walk away and they can put the house back up on the market. I know as long as we don't walk away they can't pull out of the sale but we can't afford to continue waiting indefinitely. 
If anyone has been in a similar situation, I would love to hear from you.
Cheers

The solicitor is most likely busy, but if you ask them to expedite the probate, they probably will at some stage and providing no further queries are outstanding, being sale agreed is one reason the probate office will consider an application to expedite. I doubt they are trying to get you to walk away, the probate is out of the vendors hands, it is determined by probate office queues unfortunately.

If no closure date existed when signing the contract beyond 14 days after probate issued, you can't enforce something that is not in the contract. In a extreme situation where the contract cannot be completed, you could walk away otherwise you actually can't pull out yourself.

Maccraith

Thanks David. We have confirmation that the solicitor did ask for the probate office to expedite the application on Oct-2017.

NyOmnishambles

Went through similar a couple of years ago

Sale agreed in March, were told probate had been lodged before that, probate wasn't actually lodged until April, there were some issues with lost documentation that held it up apparently and the sale closed the following January, practically 11 months in total

We were lucky that we were in a position that we could wait, although it is mightily frustrating, also the vendor didn't sign contracts until probate came through so we were really at their mercy, luckily they weren't trying to mess anyone around and it went through

The only positive of hanging in there is that you have agreed a price that shouldn't rise, if they have signed contracts then they can't really screw you with that as long as you can wait the process out

Maccraith

Yes, we have signed contracts, so the price is locked in. Thanks

davindub

Maccraith wrote: »

Thanks David. We have confirmation that the solicitor did ask for the probate office to expedite the application on Oct-2017.

Ok probably after the last query has been answered, you would be looking at 4-5 weeks average based on last year + given the holidays etc. So it shouldn't be long now.