Buying from an Executor

The implications of buying from an Executor

When you make an Offer on a property you may or may not know who the seller of the property is. It is not necessarily important to know who you are buying from as your solicitor will check these details. You may be buying from an individual, or a company, or you may be buying from an Executor.

So what does it mean to be buying from an Executor?

If the owner of a property is deceased an application will be made to the Sheriff Court to appoint an Executor. When the Sheriff Court grants Confirmation, the Executor has the authority to sell the property in their capacity as Executor.

When buying from an Executor there are two key issues for you to consider.

Firstly, it is very unlikely the Executor will ever have lived in the property and it is unlikely they will be overly familiar with the property. The Executor will likely not be able confirm certain things about the property which you would expect someone who had lived in the property to confirm. For example, the Executor may not be aware that the property has recently been affected by flooding or that a Repair Grant has been obtained to carry out work on the property. The Executor may also not be aware of notifications received relating to Planning Permission or Statutory Notices. Although the Executor may be able to confirm “to the best of his knowledge” the property has not been affected by certain issues, it is unlikely an Executor will ever “warrant” the position. Solicitors would normally expect sellers to be able to “warrant” the position but it is generally accepted that when buying from an Executor, it is much harder to agree on warranty.

Secondly, and very closely tied to the first point, is that an Executor is unlikely to provide any warranty in respect of the central heating, systems, white goods and appliances in the property. This too is because it is unlikely the Executor will ever have lived in the property which means they do not have any real knowledge of property. Whilst it is generally accepted in all transactions that warranty does not apply to white goods and appliances, the standard position is that sellers will warrant the central heating and systems. It is however very, very unlikely that an Executor will be willing to extend warranty to the central heating and systems.

Do not be put off if you are buying from an Executor because there can be benefits to this but please be aware that warranty, or lack thereof, is important to consider.