WA Complicated purchase of property during probate

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Kelan

Member
5 January 2020
1
0
1
Hi, so over 12 months ago i was wanting to buy a home but i was waiting to sell before i could get finance. The owners were a divorced couple, who approached me for a private rent to buy situation. So i moved my family to another town, changed jobs and schools and have been living in the home i wanted to buy. 8 months in and 1 owner dies. 2 days shy of signing acceptance on offer! So we wait for family to do probate, took 3 months, submitted another offer to the 2 exectutors plus other owner. The executors stated they agreed to offer, silence from owner...then 6 weeks later i get a phone call from the part owner telling me we have 30 days to move out, she was buying out her share.
Question 1. Can she ask me to leave while house is in probate, with no instruction from executors ?
2. Our offer has been listed as part of probate decision with courts, can part owner step in as our offer not signed?
TIA
 

Rickysingh

Member
26 January 2020
4
1
1
Hi, so over 12 months ago i was wanting to buy a home but i was waiting to sell before i could get finance. The owners were a divorced couple, who approached me for a private rent to buy situation. So i moved my family to another town, changed jobs and schools and have been living in the home i wanted to buy. 8 months in and 1 owner dies. 2 days shy of signing acceptance on offer! So we wait for family to do probate, took 3 months, submitted another offer to the 2 exectutors plus other owner. The executors stated they agreed to offer, silence from owner...then 6 weeks later i get a phone call from the part owner telling me we have 30 days to move out, she was buying out her share.
Question 1. Can she ask me to leave while house is in probate, with no instruction from executors ?
2. Our offer has been listed as part of probate decision with courts, can part owner step in as our offer not signed?
TIA

I think you have a very complex situation , better get an advice from property lawyers ASAP. Things can go wrong.. Good luck