Buyers have made PP a condition

[bellepup29]

We are selling our house to a couple who want to extend, and they have made the granting of planning permission a condition of the sale. So we are not just subject to contract & survey, but also to their getting PP.
It's very unlikely that there would be any problem with getting it, but the issue is that it can take up to 6 months in our area!
Has anyone else had experience with this notion of PP before contracts? I never realized that PP could be applied for by anyone except the owner!

There’s nothing wrong with saying to the buyers that you’re not happy with this arrangement because it will cause delay so you are still taking viewings and if a better offer comes up, take it.

That would need to be done via the EA, and his take on it is that we accepted the condition. Which we did not - in fact he told me that it was ;just standard, you can ignore it.'

So you’re not going to stand up to the EA?
They work for you, you tell them, they don’t tell you how it is! is there no other estate agent?

I wonder if the buyers are related to the EA!

Can you honestly say you still feel your EA has your best interests at the front of their mind? If not then they have to go.

I'm sorry your DH is not being supportive of you OP. You are right - between the EA and the txxt buyers you will lose the house you want to buy and the opportunity of a proper sale of your own property during May/June.

Does your DH not see the advantage of having other viewers round while your so-called buyers faff about? Also, you can use a second agent, you don't have to stick with the useless one you have atm.

Best of luck

So now we have to faff about taking pix of the decoration & fence, sending off forms from insurers (decoration was needed due to shower pipe leak) - and only then, 'and when we have received a full report on the works' will they even book their 'comprehensive survey.'

Blow that for a lark.

Do they think you're their personal servants?

That would need to be done via the EA, and his take on it is that we accepted the condition. Which we did not - in fact he told me that it was ;just standard, you can ignore it.'

No-one in their right mind would accept this condition, so your EA is telling porky pies. Is he a relative of theirs by any chance?

If your buyers are serious, then they will either drag things on, or drop out later. Keep on selling, but with another EA.

Is he a relative of theirs by any chance?

There is a strong whiff of collusion.

OP you need to somehow insert some sense into your DH's head. He's got one hell of a "I told you so" coming when it's all too late.

Your solicitor could go back to their solicitor and say the sale is not subject to pp?

With an EA like this, I would be inclined to go into his office and tear up the 'memorandum of sale' into very small pieces in front of him! I guess your DH would describe this as 'aggressive'. But very satisfying.

But you're so right. If they are this way now, you can expect a BIG discount request after their survey. Guaranteed.

Find another EA and another buyer.

is your husband particularly attached to the house you want to buy? That's the only reason I can think that he would go along with the buyers every whim.

The whole thing stinks IMO.

I guarantee kinds of unreasonable demands will either lead up to them pulling out at the last minute or demanding more money off. It's open season for CFery around exchange time these days, and this lot seem to be perfect candidates.

Don't let anyone professional around to measure up for plans, if you haven't already. Nip it in the bud quickly and sack off the buyers and estate agent, who does not appear to be acting in your best interests.

EA keeps saying they are naive. These are a graduate couple in high level jobs, with parents the same

Being graduates with high powered jobs, with professional parents doesn't preclude them being naive TBH. It doesn't preclude them being industrial strength cheeky bastards, either.

The correct response to either is to demur to their batshit ideas.

They haven't even booked the survey yet ! That was the longest wait when we were buying last year, despite my best efforts to get it expedited and the house we were buying was empty.

Suggest you tell DH that unless you put it back on the market now you will be spending another Christmas at current home.

We had some CFs like this. Cash buyers who weren't, but caused us to lose money, and then others who agreed a price and then decided that the roof was sagging, so would like a reduction. DH inclined to go along with things for a quiet life, but at this point I said no. I still go past the old house - more than 20 years later there is no sign of a replacement roof.

You are in danger of losing the house you want to move to if you let these 'buyers' mess you around.

I'm sorry OP, but you need to stand your ground with both the EA and your DH. You know it doesn't sit well with you and rightly so, you have legitimate concerns. Start making the decisions instead of letting your clueless DH call the shots.

Is the EA banking on buyers extending the house and then selling through him and so he gets more commission? Put the house back on the market - this isn’t rejecting the first offer but securing yourself a buyer. Good luck!

All agreed. DH does not want to rock the boat. We have now sent all the stuff & report & photos & asked for a definite answer on PP. EA says he is worried that if we ask too directly, they will assume that we think that they would not get PP & they will look elsewhere. DH says no point in being confrontational. My opinion remains the same.

I think your estate agent is dodgy or incompetent. According to my solicitor friend it is quite common for buyers to say they are cash buyers when actually they are not. The estate agent is meant to check whether they are and while there is obviously a limit to how much checking they can be expected to do they should have at least ask the vendor if they had a house to sell or if they need mortgage. The estate agent either didn't bother to ask them this which means he is dodgy or incompetent or the buyers lied. Either way it is not good.

You can have a contract conditional upon obtaining PP but it isn’t usual in residential property. I figure in this instance they aren’t actually looking to commit to buying once planning is obtained but want you to wait? So you’d have no security whatsoever.

As PP have said, I’d suggest agreeing to their application but advising that you’ll sell to another buyer should someone else put an offer in. You’ve got nothing to lose then.

EA says he is worried that if we ask too directly, they will assume that we think that they would not get PP & they will look elsewhere. DH says no point in being confrontational. My opinion remains the same.

There is a point in being confrontational or at least direct and then you will know where you stand. The EA is behaving very suspiciously. Asking about planning permission does not suggest you think you will not get it. It suggests you are not keen to wait for them to get it but considering that is true why would you want to pretend otherwise.

Your EA sounds a bit thick. You’re not purporting to be a planning officer so how could you possibly know if they’d get PP.

TBF, EAing is often a refuge for the "bit thick".

@Dungeondragon15

You’re right the agent is meant to “qualify” a buyer by ascertaining the source of their funds. Buyers often lie about being cash so their offer is viewed more favourably. It puts solicitors in a comprising position as they can’t be honest when questioned re funds.