Sale agreed but probate not complete

I've searched the forums and hope on I'm on a proper one for my question. An old house has just gone sale agreed but contracts not been signed yet. The seller is waiting for probate to come through and their solicitor has said there's no problems with this and that we just have to wait for probate to conclude, he expects this to happen in no more than a couple of months maybe even sooner. It went to probate last june '15. Is it ok to go ahead with the sale if solicitors agree? Cost of property is €100k. Thanks anyone.

Ultimately, that is a matter for guidance from your own solicitor.

From your point of view the primary concern is that you acquire a good title.

If there is any doubt about the vendor's entitlement to sell or doubts about the title being clear that would call the validity of the intended purchase in to question i.e. you might not acquire a good title.

An assurance from the vendor's solicitor would not really cut it in terms of being good enough to verify entitlement to sell. I read the solicitor's observation to mean that they see no problem with probate issuing to the putative vendor and that is fine. However, that is not the same as the vendor's entitlement to sell and title being clear.

Your solicitor will do certain checks before finally advising you to complete the purchase. If it was my intended purchase I wouldn't touch it until everything was nailed down and that includes the probate transaction on the other side being properly completed and checked.

It will probably be fine but don't rush in

Thanks Devil. The probate was taken out by the last owner only 4 years ago and good title was got. Then that last owner died and the person who has inherited is the daughter with no financial problems or anything who is now selling the place. I don't see any problems but said I'd ask here anyway. I can see why the solicitor is saying there won't be a problem, but other opinions are always good.

If 'no problem' on VENDOR's side and if the rest of title is OK on purchasers side, could an UNDERTAKING from vendor's solicitor to purchasers solicitor solve the problem?

That's what I'm asking really

What is the question. Is it, can I close the sale without probate- answer is no because without probate the seller has no title and you will not be able to register. Is it can I sign contracts without probate- answer is yes, but put a time limit on getting the probate that you are comfortable with, perhaps with an option to extend if you are happy to do so. Contracts will have a condition that closing will take place only after probate granted and that if probate is not granted within certain time limit that you can pull out. Your solicitor will presumably explain all this to you.