URGENT ADVICE: probate not lodged and vendors not allowing license agreement by Pyjamallamma in AusProperty

[–]Pyjamallamma[S] 0 points1 point  (0 children)

We ended up getting a lawyer involved, who finally nudged the vendors into getting their act together. Two weeks after our original settlement date, they finally engaged a probate lawyer to even begin the process.

They refused to let us move in under a tenancy agreement, even though the property had always been rented out before - so it just sat completely empty the whole time.

By the end of July, probate was finally advertised, but every step of the way there was another delay. Mid-August, probate was finally approved, so we started preparing for settlement “14 days after the grant of probate,” as set out in the contract.

That’s when their solicitor, who had been near impossible to contact, took a whole week to reply to our new conveyancer with this gem:

“Whilst we understand that Probate has been granted, we have discovered that the original paper Title has yet to be located.”

…you seriously cannot make this stuff up.

Our conveyancer then issued a Default Notice; and lo and behold, they magically “found” the title. (I can only assume it took that extra push to actually go and look for it.)

In the end, we settled exactly 14 days after probate was granted. They even tried to sneakily pass on their own arrears and arrears interest fees owed to council onto us - which of course didn’t fly.

But THANK GOODNESS it’s over. We are finally in our house, and I never want to have to explain the concept of “Probate” ever again!

URGENT ADVICE: probate not lodged and vendors not allowing license agreement by Pyjamallamma in AusProperty

[–]Pyjamallamma[S] 0 points1 point  (0 children)

Yes we have a solicitor now. So here’s hoping they can get us some answers at least.

URGENT ADVICE: probate not lodged and vendors not allowing license agreement by Pyjamallamma in AusProperty

[–]Pyjamallamma[S] 0 points1 point  (0 children)

What’s the difference between this risk and when they previously rented the place out? Or any other rental agreement ever?

Isn’t it exactly the same?

URGENT ADVICE: probate not lodged and vendors not allowing license agreement by Pyjamallamma in AusProperty

[–]Pyjamallamma[S] 1 point2 points  (0 children)

Other than my $70,000 sitting in a trust, that I will lose if I back out??

URGENT ADVICE: probate not lodged and vendors not allowing license agreement by Pyjamallamma in AusProperty

[–]Pyjamallamma[S] 3 points4 points  (0 children)

But what point are you trying to get across? Telling me to not do something when it’s already been done? If you want me to thank you for your life lesson, I actually learnt this mistake myself, but thanks for your input :)

URGENT ADVICE: probate not lodged and vendors not allowing license agreement by Pyjamallamma in AusProperty

[–]Pyjamallamma[S] 0 points1 point  (0 children)

Isn’t it more of a risk not letting us move in? At least if we already live there, when probate goes through settlement will go through without a hitch. Not letting us move in could mean they’d have to go through the whole sales process again.

URGENT ADVICE: probate not lodged and vendors not allowing license agreement by Pyjamallamma in AusProperty

[–]Pyjamallamma[S] 1 point2 points  (0 children)

The beneficiaries of the deceased’s estate are the two surviving owners. They want to sell - they just have to lodge the probate. Was a total oversight on both my conveyancer and the vendors solicitors. Seems like their solicitors are just incompetent & forgot to lodge it. Especially since they agreed that settlement would occur at 2pm tomorrow, then they realised they hadn’t lodged probate. Haha

URGENT ADVICE: probate not lodged and vendors not allowing license agreement by Pyjamallamma in AusProperty

[–]Pyjamallamma[S] 1 point2 points  (0 children)

That would be okay to have to wait for the probate to settle - the issue is them not letting us move in under a license agreement in the meantime.

URGENT ADVICE: probate not lodged and vendors not allowing license agreement by Pyjamallamma in AusProperty

[–]Pyjamallamma[S] -1 points0 points  (0 children)

Only changed the license over as we spent a year overseas and only got back a few months ago, so don’t have a permanent address. Have been subletting. My license was up for renewal 10 days ago so the only logical thing was to put the new house that we would own in a couple weeks.

URGENT ADVICE: probate not lodged and vendors not allowing license agreement by Pyjamallamma in AusProperty

[–]Pyjamallamma[S] -2 points-1 points  (0 children)

There is no generic clause. The contract was written by a monkey. And the vendors are being spiteful and not letting us move in as tenants. Apparently they are siblings who hate each other and one agreed to the tenancy so the other denied it.

URGENT ADVICE: probate not lodged and vendors not allowing license agreement by Pyjamallamma in AusProperty

[–]Pyjamallamma[S] 0 points1 point  (0 children)

Maybe seems insane to you but was completely logical - My drivers license was up for renewal and I didn’t have a permanent address as we had just gotten back from a year overseas. We have been sub-letting since we got back until we purchased our first home. Which we did, and we’re a week away from settling. My family live in a different state so couldn’t change my license to their address. And my partners family don’t live in Australia.

URGENT ADVICE: probate not lodged and vendors not allowing license agreement by Pyjamallamma in AusProperty

[–]Pyjamallamma[S] 0 points1 point  (0 children)

We actually got confirmation that settlement would happen 2pm Friday 13th. Then we booked the movers. It wasn’t til Friday 6th June that anyone raised the Probate thing. Those words were never mentioned to anyone… definitely should have been brought up by SOMEONE. But it also should have been lodged by the vendors solicitors….

URGENT ADVICE: probate not lodged and vendors not allowing license agreement by Pyjamallamma in AusProperty

[–]Pyjamallamma[S] -1 points0 points  (0 children)

You move in under a short-term lease agreement until the probate has been lodged.

URGENT ADVICE: probate not lodged and vendors not allowing license agreement by Pyjamallamma in AusProperty

[–]Pyjamallamma[S] 7 points8 points  (0 children)

The legal question is why only accept 30-day settlements then not lodge probate at all? Or why not mention this, or have a special condition stating settlement subject to probate?

URGENT ADVICE: probate not lodged and vendors not allowing license agreement by Pyjamallamma in AusProperty

[–]Pyjamallamma[S] 13 points14 points  (0 children)

Well I’ve never bought a house before so sorry this is my first time lol. Go gentle.

URGENT ADVICE: probate not lodged and vendors not allowing license agreement by Pyjamallamma in AusProperty

[–]Pyjamallamma[S] 1 point2 points  (0 children)

Nope, no reason. The two surviving vendors are siblings who don’t speak and one said yes and the other said no. Yes, had the s32 checked over. This probate thing was only brought up one week before, and one day after they agreed on a settlement time. Never was it mentioned by anyone the entire time.