refusal to sell

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del-froogo
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Joined: 29 Dec 2018 12:38

refusal to sell

Post by del-froogo » 29 Dec 2018 12:49

Hi,
My wife and her sister (UK based) were left 2 properties in Limassol by their late mother. She appointed her solicitor as executor/administrator of her will. It is almost 8 years since her passing and finally there is someone who wants to buy one of the properties at a price which is more than acceptable to the sisters. There have been several contracts drawn up and amended by both sets of solicitors, but ultimately "our" solicitor, is now refusing to sell.
Is this accepted behaviour? Is he allowed to do this by law?



Nigel Howarth
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Re: refusal to sell

Post by Nigel Howarth » 29 Dec 2018 19:40

Hi del-froogo and welcome to the forum.

IMO it's unacceptable behaviour, but whether it's legal or not is another matter.

Assuming their late mother's Will left the property to her daughters, all the lawyer had to do was to obtain a grant of probate from the court and then arrange for the estate to be distributed according to the mother's final wishes. After he/she had completed that then there was no need for the lawyer to be involved i the sale of the property.

I suggest that your wife and her sister complain to the Cyprus Bar Association - 'inadequate professional services' dispense with the lawyer's services and take the business to someone else like one of the lawyers on the list provided by the British High Commission. (Louise Zambartas is one of them).

Regards,


Nigel Howarth
Independent information & advice for Cyprus property buyers
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Pantheman
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Re: refusal to sell

Post by Pantheman » 30 Dec 2018 00:38

del-froogo wrote:
29 Dec 2018 12:49
but ultimately "our" solicitor, is now refusing to sell.Is this accepted behaviour? Is he allowed to do this by law?
On what grounds is he refusing??

At the end of the day his job it to transfer the properties to you and your sister, nothing more, nothing less, why is he getting involved with the sale??

But yet you should seek a second opinion on this matter.


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del-froogo
Posts: 2
Joined: 29 Dec 2018 12:38

Re: refusal to sell

Post by del-froogo » 30 Dec 2018 11:34

He is refusing to sell now on the "belief" that he can get more money for it, however after almost 8 years of no interest we now have someone, who is willing to pay an acceptable price. He also says that he needs to verify that the price is correct with the courts which we dont understand. The property is to be sold without titles because obtaining them is proving almost impossible.

As for changing solicitor we have been informed that because he is executor/administrator he will have to excuse himself which he almost certainly wont. so we believe changing solicitor will prove impossible.
The bottom line is that the sale of this property brings forward the prospect of closure for the girls, and allows them to pay the solicitor his fees, this is why the whole situation is unfathomable.



Nigel Howarth
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Posts: 2344
Joined: 24 Oct 2007 14:38
Location: Erimi, Limassol, Cyprus
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Re: refusal to sell

Post by Nigel Howarth » 30 Dec 2018 19:21

del-froogo wrote:
30 Dec 2018 11:34
He is refusing to sell now on the "belief" that he can get more money for it.
Someone must have instructed the lawyer to sell the property:

1. You wife's late mother instructed him/her in her Will.

2. Once the court issued a grant of probate and the lawyer transferred the property to your wife and her sister, one of them must have instructed the lawyer to sell.

You'll need to read through the Will to see what it says about the disposal of the house (if anything).

(If you would like to PM me with the name of the lawyer I may have some background information on him/her that I can share.)

Regards,


Nigel Howarth
Independent information & advice for Cyprus property buyers
Contact Nigel Howarth
Read the latest Cyprus property news

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