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Does Inheritance Get Split Between Siblings?

Yes, inheritance does get split between siblings in the UK, but whether that split is equal, unequal, or bitterly contested depends entirely on one critical document: the will. And if no will exists, intestacy rules decide everything for you.

Losing a parent is one of the hardest experiences any family can face. When a property forms part of the estate, shared between brothers and sisters with conflicting needs, different financial pressures, and raw grief pulling in every direction, the situation can spiral from painful to overwhelming with alarming speed.

Applications to block probate in England and Wales rose from 7,268 in 2019 to 11,362 in 2024, a 56% increase in five years, and that figure is still climbing. Meanwhile, empty inherited properties drain around £3,000 every year in council tax, insurance, utilities, and ongoing maintenance while families argue about what to do next.

This article covers your legal rights, your practical options, and why selling inherited property to Property Saviour is the most certain, stress-free method of sale available in England and Wales today.

When There Is No Will, How Does Inheritance Get Divided Between Siblings?

Without a will, intestacy rules under the Administration of Estates Act 1925 decide exactly who gets what, and the results can surprise families who assumed everything would divide neatly and equally.

The rules follow a strict hierarchy. A surviving spouse or civil partner receives the first £322,000 of the estate plus all personal possessions. If the estate exceeds that threshold, the spouse receives 50% of the remaining amount and the children share the other 50% equally between them. When no surviving spouse exists, the entire estate passes in equal shares to the children.

Full blood siblings sharing both parents inherit before half siblings sharing only one parent. Adopted children hold identical rights to biological children under UK law. Stepchildren receive nothing under intestacy unless explicitly named in a valid will or legally adopted. When a sibling has died before the deceased parent, that sibling’s own children step directly into their parent’s place and inherit their parent’s share through the legal principle of representation.

Most parents assume their estates will simply divide equally between their children. Intestacy rules introduce complications the moment a surviving spouse is part of the picture, and the results are not always what families expect.

Row of traditional British terraced houses on a suburban street, illustrating property inheritance issues among siblings.

Can Parents Actually Leave an Unequal Inheritance Between Siblings?

Parents in England and Wales enjoy complete testamentary freedom, and that freedom is absolute in ways that often shock adult children after a bereavement.

Parents can divide their estates however they choose. They can leave more to one child, considerably less to another, or exclude a child entirely without providing any written explanation. Common reasons for unequal division include recognising different financial circumstances between siblings, rewarding a child who provided hands-on care during the parent’s final years, accounting for substantial gifts or loans already made during the parent’s lifetime, or addressing a child with special needs requiring additional long-term financial support.

Adult children can challenge a will under the Inheritance (Provision for Family and Dependants) Act 1975 if they believe insufficient provision was made for their maintenance. These challenges rarely succeed unless the claimant demonstrates genuine financial need and clear dependency on the deceased. The courts do not redistribute estates simply because a sibling considers the result unfair. Feeling hard done by and having a legal claim are very different things.

What Are Sibling Property Rights After Parents Death?

Sibling property rights after parents death are established by the will or, where no will exists, by intestacy rules, and they carry full legal weight from the moment the grant of probate is issued.

Once probate is granted, the siblings named as beneficiaries become the legal co-owners of the inherited property. The form of ownership registered at the Land Registry determines almost everything that follows.

Joint tenants hold equal rights to the whole property as a single legal entity. When one joint tenant dies, their share passes automatically to the surviving owners through the right of survivorship, bypassing any will entirely. All joint tenants must consent before any sale can proceed, and proceeds divide equally regardless of who paid more toward maintenance or improvements over the years.

Tenants in common hold specific percentage shares that can be unequal. Each share forms part of that owner’s individual estate and passes according to their own will or intestacy rules. A tenant in common can sell or transfer their individual share without obtaining consent from the other owners, though selling the entire property still requires unanimous agreement from all parties.

Most sibling inheritances create tenancy in common ownership, giving each person a distinct share they can leave to their own families. Check the Land Registry title documents as soon as possible. That single document tells you exactly which ownership structure you have inherited and precisely what rights every sibling holds.

How Do You Divide an Estate Between Siblings in the UK?

Knowing how to divide an estate between siblings in the UK starts with understanding that an estate covers far more than just the property. Bank accounts, investments, personal possessions, vehicles, and any outstanding debts all form part of the picture.

The executor named in the will, or the administrator appointed under intestacy rules, holds legal responsibility for managing the entire process. Their first obligation is to settle all debts, taxes, and liabilities from the estate before distributing anything to beneficiaries. Inheritance tax must be paid before probate is granted. Outstanding mortgages, utility arrears, and funeral expenses all come out of the estate first.

Once liabilities are cleared, the remaining assets distribute according to the will or intestacy rules. Where siblings agree on everything, the process moves forward cleanly. Where they disagree, particularly about the property, the entire estate can stall for months or years. The property is almost always the single biggest asset and the single biggest source of conflict. Resolving the property question quickly and cleanly is the key to closing the estate without lasting family damage.

Row of terraced houses with colourful shutters, brick chimneys, and TV aerials against a clear blue sky in a residential area.

How Do You Split Inherited Property in the UK?

Families searching for how to split inherited property in the UK will find there are three core methods available. Sell the property and divide the money equally between everyone. One person buys everyone else out. Or keep it together as a rental investment and split the income.

Which one actually works without destroying your family?

The first one. Every single time.

Beneficiary groups waste months arguing about which method to choose while the property sits empty costing around £3,000 every year in running costs. These disputes poison families at the exact moment when they most need to support each other through grief. It is heartbreaking to watch, and completely avoidable.

Here is the full comparison of all three methods so you can see precisely why selling beats the alternatives:

MethodTimelineFinancial ResultAgreement NeededComplexityRelationship Impact
Sell Property, Split Proceeds6 to 12 months via estate agents or 7 to 28 days with usEqual cash distribution to allUnanimous for joint tenantsLowClean break for everyone
One Sibling Buys Out the Others2 to 4 monthsRemaining siblings get cash; buyer gets propertyAll must agree on valuationHigh (mortgage, stamp duty, valuation disputes)Creates lasting resentment
Keep as Joint Rental InvestmentPotentially foreverRental income split by ownership shareUnanimous agreement on everything ongoingVery highConstant conflict at every decision

The table makes the answer clear. Selling delivers the cleanest break, the lowest complexity, and the strongest chance of preserving family relationships after a bereavement. Every other method invites ongoing conflict between people who are already carrying enormous emotional weight.

What Happens When You Inherit a House From Your Parents in the UK?

Inheriting a house from your parents in the UK comes with both financial opportunity and significant legal responsibility, and knowing the process from day one prevents expensive mistakes that grieving families can ill afford.

Probate must be obtained before the property can be sold or transferred. This grant of probate is issued by the Probate Registry and gives the executor legal authority to manage and sell the estate. Without it, no sale can proceed and no solicitor will act on behalf of the estate. You can begin marketing the property and accepting offers during the probate period, which speeds up the eventual sale considerably. Property Saviour provides a written, binding offer immediately on assessment, with completion scheduled for whenever your grant of probate arrives.

Between the date of death and the date probate is granted, the property remains legally frozen. Many families face mounting council tax bills, insurance premiums, and utility charges on an empty home while waiting for authority to act. That waiting period feels endless when grief is still raw and financial pressure is building week by week.

Inheritance tax may be due if the estate exceeds the nil rate band of £325,000, with an additional residence nil rate band of up to £175,000 available when the property passes to direct descendants. Capital gains tax may also apply when the eventual sale price exceeds the probate valuation, and that gap grows with every month the property sits unsold.

What Are the Stages of the Probate Process and How Long Does It Take?

The probate process follows a defined sequence of stages, and knowing each one helps families plan ahead, avoid unnecessary delays, and make informed decisions about the property from the outset.

  1. Register the death and arrange the funeral, typically within one to three weeks of the bereavement
  2. Value all assets and outstanding debts thoroughly, which takes two to eight weeks depending on estate complexity
  3. Calculate any inheritance tax liability, allowing one to four weeks to obtain professional advice if the estate is sizeable
  4. Submit the probate application to the Probate Registry, which takes a single working day to file correctly
  5. Receive the grant of probate, which takes four to sixteen weeks for straightforward estates and sixteen to twenty weeks for complex or disputed ones
  6. Settle all outstanding debts and distribute the estate to beneficiaries, which can take a further one to twelve months depending on circumstances

Simple estates in England and Wales now process in four to eight weeks. Probate cases exceeding one year have increased by 518% between 2019 and 2024, with disputed cases running at an average of 992 per month in 2024 alone. Probate is not required for estates under £10,000 without property, or when a property passes automatically through joint tenancy on the death of one owner.

What Are the Hidden Costs of Leaving an Inherited Property Empty?

Empty inherited properties drain family finances faster than most people anticipate, and the longer the property sits vacant, the worse the financial damage becomes.

The Class F council tax exemption provides temporary relief. Properties are exempt from council tax from the date of death until six months after probate is granted, provided they remain empty throughout that period. Notify your local council immediately after the death to activate this exemption. Many councils continue charging until officially informed, and reclaiming overpaid council tax takes months of administrative effort at the worst possible time.

Once that exemption ends, full council tax applies with punishing premiums for long-term emptiness. From April 2025, properties empty between one and five years face a 100% council tax premium, meaning the bill doubles instantly. Properties empty between five and ten years attract a 200% premium, tripling the standard charge. Those vacant for over ten years face a 300% premium in most local authority areas. The only way to remove these premiums is to bring the property back into active use for a continuous period of at least six weeks.

Beyond council tax, every empty property accumulates buildings and contents insurance at unoccupied property rates, significantly higher than standard cover. Utility standing charges for gas, electricity, and water continue regardless of whether anyone is present. Garden maintenance, security inspections, and ongoing structural work to prevent deterioration add further costs month after month. Every month of delay costs real money. Every month of family argument costs real money. The fastest method of sale is always the most financially sensible one.

Narrow cobblestone street in a historic British neighbourhood with brick townhouses, colourful doors, and traditional lampposts.

When One Sibling Wants to Buy the Others Out, What Really Happens?

The buyout method sounds appealing in theory. One person keeps the family home. Everyone else receives cash. The property stays in the family. Clean, simple, and sentimental.

In practice, it is rarely any of those things.

For a buyout to complete, the purchasing sibling must obtain an independent RICS valuation that every party grudgingly accepts, calculate each person’s share based on their ownership percentage, arrange a mortgage or raise sufficient cash, instruct solicitors to prepare the legal transfer paperwork, calculate and pay stamp duty land tax on the full buyout amount, transfer funds to each bought-out sibling through the appointed solicitors, and register the new sole ownership with Land Registry.

And here is the stamp duty trap that destroys most buyout plans before they ever complete.

The purchasing sibling pays stamp duty on the entire buyout amount, not just the additional share they are acquiring. On a £400,000 property split equally between two siblings, the buyout payment is £200,000. Stamp duty on that £200,000 costs approximately £7,500. Add solicitor fees of £1,500, an independent RICS valuation at £600, and mortgage arrangement fees of around £1,000. Total additional costs reach £10,600 before the purchasing sibling has paid a single pound to their brothers or sisters.

Nobody mentions this until it is too late.

The valuation problem compounds everything further. Three estate agents instructed to value the same property frequently return figures of £380,000, £410,000, and £425,000. That is a £45,000 spread. In a three-way equal split, that spread represents a £15,000 difference per person. The sibling wanting to buy prefers the lowest figure. The siblings wanting to sell prefer the highest. Arguments explode. Accusations fly about who chose which agent and why.

What Does Going to Court Really Cost When Siblings Cannot Agree?

When agreement proves impossible, any co-owner can apply to the courts under the Trusts of Land and Appointment of Trustees Act 1996 for an Order for Sale, and in most cases the court will grant it. But the cost of getting there is devastating for everyone involved.

This legal process is called a partition action. Partition by sale means the court orders the property to be sold with proceeds divided between all parties. This is the most common result for residential properties where physical division between siblings is impossible. Partition by appraisal means the court orders one sibling to purchase the others out at a court-appointed valuation. That person has no right to refuse.

Court costs reach between £15,000 and £40,000 per person. Legal fees, court costs, and appointed referee expenses all come directly out of the estate, reducing every sibling’s eventual inheritance substantially. Proceedings typically take six to twelve months from first application to final resolution. And families who go through a partition action rarely speak to each other again afterwards.

The only people who win in a partition action are the solicitors.

Property Saviour removes every reason to ever reach this point. When all siblings agree to sell to us, there are no court fees, no solicitor battles, and no delays beyond the agreed completion date that the family chooses together.

How Does Capital Gains Tax Affect an Inherited Property Sale?

Capital gains tax is one of the most overlooked costs in an inherited property sale, and estate agent delays make it significantly worse for every sibling involved.

Each beneficiary pays capital gains tax individually on their share of the increase in value above the probate valuation, after deducting the annual exempt amount of £3,000 per person. Take a £400,000 property valued at probate that sells for £440,000 after a drawn-out marketing period. That creates a total gain of £40,000. Three siblings each face a personal gain of £13,333. After deducting the £3,000 annual exemption, each person carries £10,333 of taxable gain. Capital gains tax on residential property applies at 18% for basic rate taxpayers and 24% for higher rate taxpayers in 2025/26. That is between £1,860 and £2,480 per person disappearing to HMRC on gains that a faster sale could have avoided entirely.

A prompt sale minimises the gap between probate value and sale price, reducing or eliminating the capital gains tax liability entirely. Every month an estate agent spends marketing the property while values move upward is a month that adds to your potential tax bill. Speed in this situation is not simply a convenience. It is sound financial planning that keeps real money in every sibling’s pocket.

What Are the Most Common Disputes When Siblings Inherit Property Together?

Sibling inheritance disputes are far more common than most families expect, and the reasons for conflict follow predictable patterns that a little advance knowledge can help families avoid.

Bristol residents show the highest financial reliance on inheritance in England at 42%, followed by Birmingham at 41% and London at 40%. When that level of financial expectation surrounds an estate, disagreements become almost inevitable without clear communication and decisive action early in the process.

Disagreements about asking price create immediate tension when one sibling believes the property is worth more than independent valuations suggest. Emotional attachment clouds judgement about open market value and makes objective decision making almost impossible for people who grew up in that home.

Arguments about maintenance costs follow quickly. The property needs a new roof, a replacement boiler, or significant redecoration before it will attract a strong offer. Who pays? Should costs split equally, or should the sibling who occupied or benefited most from the property contribute a larger share?

Resentment between siblings who provided years of dedicated care for an ageing parent, and those who remained largely absent, creates some of the bitterest disputes in the entire area of inheritance law. The law does not reward devotion. It follows written instructions or statutory rules. Proprietary estoppel claims arise when one sibling was genuinely promised a larger share during the parent’s lifetime but the will or intestacy rules fail to reflect that promise. These legal disputes drain estates completely and permanently destroy family relationships. The best protection against any of these results is making a clean, agreed decision to sell quickly and decisively.

Can One Sibling Legally Force the Sale of an Inherited Property?

Yes, one sibling can force the sale of an inherited property through the courts, though this is an expensive, slow, and deeply damaging method of sale that most families would do anything to avoid.

Under the Trusts of Land and Appointment of Trustees Act 1996, any co-owner can apply to the County Court for an Order for Sale when other co-owners refuse to cooperate. The court considers the circumstances of all parties, the purpose for which the property was held, and the welfare of any children residing there. In most cases where the majority of co-owners wish to sell, the court grants the order.

As covered above, the financial and emotional cost of reaching that point is enormous. Tens of thousands of pounds in legal costs per person. Six to twelve months of adversarial proceedings. And family relationships that may never recover from the experience.

Property Saviour give every sibling a real voice in the process. The seller decides the completion date. The price agreed at the outset is the price received at completion. There is no pressure from us at any point. Every sibling can appoint their own solicitor to represent their individual interests throughout, and we actively encourage that independence from the very first conversation.

A charming red-brick family home surrounded by lush greenery and mature trees, illustrating property rights and inheritance issues after parents' death.

Meet James

James and his two sisters inherited their father’s four-bedroom detached house in Leicester after he passed away unexpectedly in late 2024. One sister needed to sell immediately to clear significant mortgage arrears. The second wanted to keep the house in the family for sentimental reasons and resisted every conversation about a sale. James, as the appointed executor, was caught directly in the middle of both positions with no clear way forward.

Months passed. The property sat empty, accumulating council tax charges, insurance premiums, and utility standing costs. Solicitors exchanged letters on behalf of each sibling. Relationships between the three of them deteriorated sharply. The estate was bleeding money every single week it remained unsold and unresolved.

James contacted Property Saviour. Our team carried out a full assessment and delivered a written cash offer within 24 hours, with a transparent cost breakdown that every sibling could review independently with their own solicitor. All three agreed. Completion took place in 19 days. Every sibling received their full share simultaneously, with no chain, no estate agent fees, and no further arguments.

The lesson is clear. When families need to sell an inherited house and reach a certain, clean result without further delay or damage, Property Saviour removes every single point of contention. Our guaranteed sale service means the family chooses the completion date, the price is confirmed in writing from day one, and the process moves forward with complete certainty.

Ready To Sell Without The Hassle?

How do we compare with other methods of sale?
If you are flexible on the price, and need speed and certainty of sale, we are the ones to trust.
Method of sale Value achieved Fees Timeframe Is sale guaranteed?
Estate agents 90–95% 1–5% 3–6 months No – one in three sales collapse
Auctioneers 70–80% 2% plus 2–3 months No – half of properties don’t sell
Property Saviour 70–80% £0 10–28 days Yes – 99% success rate
Get a formal cash offer within 48 hours — no surveys, no delays, no fees.

What Are the Real Cons of Selling an Inherited House Through an Estate Agent?

Selling through an estate agent appears straightforward on the surface. For grieving families managing probate administration, sibling disagreements, and mounting empty property costs simultaneously, the reality is far more punishing than most people anticipate.

  • Estate agent fees in England range from 1% to 3% plus VAT, deducted directly from your proceeds at completion with no guarantee of service quality
  • The average time from listing to completion in England and Wales runs between four and six months in normal market conditions, stretching considerably longer for complex probate cases
  • Approximately one in three property sales falls through before completion, often leaving sellers back at the very start after months of emotional investment and wasted time
  • Estate agents frequently qualify buyers poorly, meaning time-wasters can delay a sale by weeks without any consequence to them whatsoever
  • Inherited properties in dated condition or requiring significant work regularly deter mortgage buyers, shrinking the pool of genuinely motivated purchasers
  • Repeated pressure to reduce the asking price is common practice, particularly once a property has sat on the market for several weeks without an acceptable offer
  • Intrusive viewings of a home filled with a loved one’s possessions can be deeply distressing for families still managing their grief

The drawn-out uncertainty of an estate agent sale, layered on top of bereavement, can feel genuinely unbearable. The emotional weight of that experience deserves serious consideration when choosing your method of sale. If you want to sell an inherited property without an estate agent and avoid every one of those pitfalls, a guaranteed cash sale with Property Saviour is the only real alternative.

What Are the Actual Risks of Auctioning an Inherited Property?

Property auctioneers market inherited homes as a fast and certain method of sale. For many sellers, the reality is very different from what the brochure and the auctioneer’s confident presentation suggests.

Entry fees, legal pack preparation costs, and seller fees are charged regardless of whether the property actually sells on the day. Auctioning a house in probate condition or requiring significant repair attracts bids primarily from developers and investors chasing a below-market result, which frequently produces a hammer price well short of a realistic open market value.

Reserve prices can and do fail to be met. When that happens, sellers have paid all the fees and charges and still have no sale. And when the hammer does fall, the 28-day legal completion deadline imposes real pressure on all parties, particularly if the estate administration is not yet fully complete at that point.

Auctioning a property is legally binding and irreversible the moment the hammer falls. Sellers lose all control over price, timing, and terms in a matter of seconds. There is no coming back from a result that falls short of expectations.

Property Saviour is the complete opposite of that experience. The seller decides the completion date. Our price promise is confirmed in writing before any commitment is made. There is no auction room gamble, no reserve price uncertainty, and no unpleasant reduction in the days before completion.

How Do You Check Whether a Cash House Buyer Is Genuinely Trustworthy?

Not every cash home buyer is as honest as their marketing suggests, and a two-minute check on Companies House can protect you from months of wasted time and a devastating last-minute offer reduction.

The tactic used by liar cash buyers follows a predictable and cynical pattern. They make a strong, flattering opening offer to secure your instruction. They build rapport over weeks of apparently smooth communication and apparent progress. Then, just before exchange of contracts, when you feel too committed and too exhausted to walk away and start again, the offer is cut substantially. Sellers managing grief, probate administration, and family pressure simultaneously often accept rather than begin the whole process from scratch.

To protect yourself, search the buyer’s company name at www.gov.uk/get-information-about-a-company on Companies House. It is completely free and takes under two minutes. Examine the full filing history carefully. Pay close attention to any charges registered against the company. A long string of charges from multiple lenders and investors may indicate the company borrows heavily against its existing property portfolio to fund new purchases. If that finance facility is withdrawn at any point, the purchase collapses and you are left with nothing.

A legitimate we buy any house company will have a clean, verifiable Companies House record with minimal registered charges, clear evidence of completed purchases across multiple years, full transparency about how purchases are funded, a written price promise that does not change between offer and completion, and a genuine invitation for every seller to appoint their own independent solicitor from the very first day.

Property Saviour invites every family to check our Companies House record before making any decision. We have nothing to hide and everything to prove.

Briging loan

Why Does Property Saviour Make Offers at 70% of Valuation When Buying Inherited Property?

The 70% offer from Property Saviour is not an arbitrary figure. It reflects the genuine, unavoidable costs of purchasing, holding, and eventually reselling an inherited property, and every single percentage is explained openly before any commitment is made.

Cost ItemApproximate Percentage
Legal costs2%
Holding costs (insurance, council tax, utilities, cleaning)3%
Stamp duty land tax5%
Eventual resale costs (estate agent and solicitor fees)5%
Gross profit before tax15%
Total deductions30%
Offer to seller70%

Every figure in that table represents a real and unavoidable cost. Property Saviour is a business, not a charity, and the margin exists to sustain our operation and fund future purchases. But this model is honest, completely transparent, and explained in full before any seller makes a single commitment.

Now compare that 70% to what an estate agent sale actually delivers in practice. After agent fees of up to 3% plus VAT, solicitor costs, repeated price reductions across a six-month marketing period, and the genuine one-in-three risk of a chain collapse after months of waiting, many sellers receive considerably less than the headline asking price in real financial terms. And they wait half a year or more to discover the final number they will actually receive.

Our price promise means the offer made is the offer that completes. No reductions. No surprises. No chain. Sellers set their own completion date, and there is no pressure from us to move faster or slower than suits the family’s circumstances and the estate administration timetable.

Property Saviour also contributes a minimum of £1,500 toward your legal fees from day one. Sellers are completely free to appoint their own solicitor throughout the entire process. There is no obligation to use any firm we might suggest, and no pressure of any kind at any stage. For families who need to sell an inherited house and want absolute certainty over a lengthy wait, the 70% guarantee from Property Saviour deliver genuine and immediate value.

What Do Property Saviour’s Real Customers Say About Selling Inherited Properties?

Property Saviour has helped hundreds of families across England and Wales sell inherited properties with speed, certainty, and genuine dignity at one of the most emotionally demanding times of their lives.

A family in Birmingham contacted us after their probate sale had fallen through twice via an estate agent across eleven months of marketing and two collapsed chains. Property Saviour completed the purchase in three weeks. All siblings received their shares simultaneously with no further delays, no renegotiation, and no additional fees.

A widow in Manchester needed to sell her late husband’s jointly owned flat after complications arose involving children from a previous relationship. Property Saviour handled the process with sensitivity and care, worked constructively with all parties, and completed on a date chosen entirely by the family at a pace they were comfortable with.

A sole executor in Bristol had been managing an inherited three-bedroom house for nearly a year, fitting estate administration around full-time work and her own young family. Property Saviour completed in 21 days and contributed the full £1,500 toward her legal costs, exactly as confirmed from the outset without any reduction or amendment.

These are not exceptional cases. This is what a genuine guaranteed house sale service delivers every single working day.

Ready to End the Uncertainty? Request Your Free Callback Right Now

If you need to sell inherited property and want certainty over a lengthy, painful wait, Property Saviour is ready to help right now. Request a callback today and receive a no-obligation cash offer within 24 hours.

Our price promise is in writing from day one. You choose the completion date. You use your own solicitor.

We contribute a minimum of £1,500 toward your legal fees without condition. Contact us now and take the first step toward closing this chapter with confidence, calm, and the certainty your family deserves.

Last updated: 17 April 2026

Meet the author

saddat

Saddat bought his first property in 2003. Got hooked instantly. By 2009, he'd seen enough shady property buyers lying to desperate homeowners. So he founded Property Saviour with one mission: tell sellers the truth.

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