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james bruce
james bruce, Solicitor-Advocate
Category: Property Law
Satisfied Customers: 4744
Experience:  Owner at James Bruce Solicitors
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I started the process to buy a property on the 21march the

Customer Question

Hi I started the process to buy a property on the 21march the property just before that date the owner lost his wife. I put an offer in which was excepted ,but I was told by the estate agent that he did not have to go thought probate. I believed her and now , almost 11 weeks on I am told their is a probate problem that’s not being resolved, and they are unable still to resolved before the 30 June the stamp duty cut off . Can I sue the estate agent for my loss of stamp duty for not making this known before I put the offer in .
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: all the paperwork is complete and we are ready to go
JA: Have you talked to a lawyer about this?
Customer: no , but I am thinking to send a email to the manager in the estate agent to either give me a completion date and resolve the probate off later or compensate me for the loss of the half of the stamp duty
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: unfortunately the lawyer are so inundated with work at the moment I cannot speak to them directly only send them an email and would have to wait until they find the time to reply which is now taking ages
Submitted: 11 days ago.
Category: Property Law
Customer: replied 11 days ago.
Hi are you still there
Customer: replied 11 days ago.
I have sent the £5 required are you there
Customer: replied 11 days ago.
I would like to stop the payment as all conversation has stopped and no one is there
Expert:  james bruce replied 11 days ago.

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

Can I assist with your problem ?

Expert:  james bruce replied 11 days ago.

Unfortunately, without the additional information requested in my first/previous response, I will not be able to give you detailed advice to your question, but I will be able to give you a general answer, which I hope will be of assistance. If you are able to supply the additional information later, please do so and I will then come back to you with a more detailed answer.

Unfortunately, it is very unlikely you will have any claim against the estate agent.

They are simply the broker between buyer and seller, they do not carry out the legal conveyance on the property, but would normally pass on information from the solicitors or clients. If they have been informed that no probate was required and then that situation changed because of work the solicitors were doing, then the is completely out of their control and really has nothing to do with them.

The issue will be with the other party to the conveyance and their solicitors.

I hope this help clarify the position.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.