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AIBU?

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Original poster

Buyers have made PP a condition

326 replies

bellepup29 · 29/04/2019 18:05

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!

OP posts:
Puzzledandpissedoff · 01/05/2019 17:35

EA's 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'

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

It just gets worse doesn't it? You're being lied to again and again and all your DH can say is "don't rock the boat / be "confrontational""

At this rate you'll lose both the buyers and the house you want. If so, I only hope your DH will face up to what he's allowed to happen

Lolapusht · 01/05/2019 17:39

OP, doesn’t matter what you agreed to or what was noted in the Memorandum of Sale. It’s not a legally binding document and neither of you are legally bound until you have exchanged contracts. Sounds like you’re weeks away from enquiries being raised, they probably won’t order searches until they’ve had their survey done and searches can take 4 weeks to come back so you’ve probably got weeks to go before they even apply for planning permission. Offers subject to PP are not normal and you’re EA is wrong on that front. Agree with pps who suggest you contact your planning department to find out how long they think an application will take. You can then use that information to your advantage...maybe. I’d remarket and try and find another buyer as these ones are going to faff around and will almost definitely ask for a reduction when the survey comes back.

woolduvet · 01/05/2019 17:43

I think you need to remember although you engaged the ea he generally gets paid when your house is sold. So they work towards that, whether you get shafted on the way or not.

Original poster
bellepup29 · 01/05/2019 17:47

Actually they have already paid for the searches & we have the forms to fill in re. 'contents' etc from their solicitor.

OP posts:
BreakfastAtSquiffanys · 01/05/2019 17:47

This is a complete waste of time.
The likelihood of them getting a survey and planning permission, AND still agreeing to pay the already discounted price BEFORE you lose the house you want to buy is precisely Zero.
Our Council has a 2 month processing period for Permitted Development, God knows how long formal Planning Permission takes.
Add in to that a couple of weeks to get their architect in to measure up and draw up plans....

Foxmuffin · 01/05/2019 17:49

Your solicitor has provided the protocol forms (property information and fixtures, fittings and contents) this is the initial step and is no indication of whether they have engaged their solicitor. I can’t see what you have to lose by continuing to market the property.

Helplessfeeling · 01/05/2019 18:32

If it is your house too can't you say to DH that you will absolutely not sell to them and dig your heels in. He cannot sell it without your signature. He is not listening to you so you need to take direct action.

Original poster
bellepup29 · 01/05/2019 18:48

Our Council takes about 5-6 months - I know this from neighbours who have obtained PP & extended. EA told DH today that 'PP only takes about 3 months.'

OP posts:
BreakfastAtSquiffanys · 01/05/2019 18:53

Tell them that your house with planning permission will be worth an additional £30k

Original poster
bellepup29 · 01/05/2019 18:56

And if PP were to be denied, it would affect any future sale!

OP posts:
MulticolourMophead · 01/05/2019 19:10

I don't normally advocate getting your DH/DW to read a thread but in this case, OP, I think it will be beneficial for your DH to realise just what is at stake here.

You have an EA who doesn't care if you are getting shafted, he just wants the sale so he can get his commission. He's lied already, you can trust him.

You have CF buyers who are trying very hard to push your price down. I mean, PP adds gratly to value, and I bet the survey will be used to try and knock more of your already cheap price.

You are really risking your sale and getting that other house. Because I can't see those sellers waiting for you to get PP.

You need to get assertive (which is NOT mean being agressive) and get the house back on the market and get a decent offer. Get a new agent if you have to, even trying one in a different town if they are recommended.

TheCherries · 01/05/2019 19:24

I think you have two options.

  1. if you really, really want this house you have found for yourselves, say that they are welcome to put in a planning application but the house sale has to continue and contracts exchanged and completed during this process and the sale is not dependent on PP but just nice for them to have started going through the process during the sale to enable them to get on with the works soon after they move in.

  2. if you are not head over heels in love with this house you are buying and ok if it does fall through, you can allow the people to go through the planning process and when the planning is consented to you can them tell them the house is now worth more so they have to pay the market rate for it now it has the permission or put it back on the market to the highest bidder now it is more appealing.

If they can be cheeky buggers so can you

Happynow001 · 01/05/2019 19:33

Our Council takes about 5-6 months - I know this from neighbours who have obtained PP & extended.

EA told DH today that 'PP only takes about 3 months.'
Sounds like the EA are working on what sounds like the more impressionable of you, between you and your DH. Is he usually this passive?

"Only" 3 months is still 3 more months than you - or the sellers of your new house want though - even if that were true? Why goes your DH not believe you? What happens if the sellers decide to put their house back on the market because of the delay caused by your part of the chain? I would in their position.

It absolutely doesn't not sound like your current EA is on your side - you know, the people who are paying their fee. And your DH is not seeing what the issues are or, it seems, willing to do anything constructive to move things along.

Tistheseason17 · 01/05/2019 19:42

Your EA is only thinking about their bonus for the sale and not actually acting for you - seems more desperate for the sale. I'd be direct.

MyRankIsSuperintendent · 01/05/2019 19:54

OP! How is your house not back on the market yet?? This is ridiculous! Remarket it tomorrow. If this EA won't find a new one tomorrow. Honestly read the thread you are being taken for a ride! It is not an OK condition!

donquixotedelamancha · 01/05/2019 20:05

EA told DH today that 'PP only takes about 3 months.'

Soooo...best case scenario is that in three months they will let you know whether they wish to buy.

The issue is that you are using the EA the wrong way. You and DH are selling a house. You need to make decisions together and instruct the people you are paying to market it:

  1. If you are happy to wait around and hope they don't take the piss more (and in some markets this is necessary) then stop fretting about it and just say yes. Or..
  1. If you want a clear sale deadline then make your position clear and stick to it.

At the moment you are just letting the EA make all the decisions; of course they will do whatever they are asked to- it doesn't matter to them. Look critically at the local market and what you want to achieve, then get on with it.

Gatehouse77 · 01/05/2019 20:13

I agree with other posters. The EA is there to assist you not himself or the buyers.

We had a situation where the one of the EA's in the chain was causing all the problems. The buyers all spoke to each other to work it out and then we threatened to pull out as a house wasn't worth the aggravation. Funnily enough, we exchanged by the end of the day!

QuickThinkOfAName · 01/05/2019 20:35

Can you get a second opinion from another estate agent.

Frankly your own sounds dodgy as fuck. I wouldn’t trust them at all. The fact they might be in cahoots with the buyer was the first thing I thought of.

Your dh is also a massive problem. He’s sticking his head in the sand. Your buyers are going to shaft you at the very last minute. I’m pretty sure of that.

Your house is worth more. If the pp is declined your house loses value. The process will take longer than you have.

Why is he so unwilling to see all of this?

Original poster
bellepup29 · 01/05/2019 20:48

I think so too, but he says that we will just tell them to fuck off is they try to reduce. But if we have to wait 3 months, we will be into school hols & that is a low buying period - in our area, the 'prime' time is end of May / start of June. Have pointed this out but to no avail.

OP posts:
Grumpelstilskin · 01/05/2019 21:25

OP, the EA is working for you not the other way round! Stop acting like a limp lettuce and just take back control of the whole situation FFS! You have been given a lot of good advice and you are still wasting time.

Happynow001 · 02/05/2019 03:59

To be fair it's her husband who is being the "limp lettuce". Difficult for her to move things forwards if her DH has his head firmly in the sand and refuses to budge.

OP I'm not sure why your DH doesn't believe you. Does he not respect your opinion? Does he have a history of behaving like this? Why can he not see what is clear as day to you and the posters on this thread? Would he believe your solicitor (who also needs a kick to represent you properly btw).

Hope you are able to resolve this quickly.

LoubyLou1234 · 02/05/2019 04:59

Doesn't sound like the EA is working for you at all. You just know this couple are going g to take you to the cleaners at every corner so why proceed? The survey will come back with issues like they usually do so demands will be set to reduce price/complete works etc. Then as you get to exchange they will drop the price again or out a ridiculous demand...
Your DH needs to listen to you!

ctrlalt · 02/05/2019 05:17

Honestly I'd call the estate agent and deal with it myself. Your dh doesn't know anything. I'd be putting a rocket under the EA ass and saying let them know we won't sell subject to pp, and if you don't put it back on the market then I'll be going elsewhere.

Mummyoflittledragon · 02/05/2019 06:12

I also think you need to show this thread to your dh.

Because it is your house, you would only ever ask for pp on something likely to pass. These people do not have the same constraints. And it could be a complete fantasy and never allowed in a million years.

Have you seen the plans? Have you taken independent advise as to whether these are likely to pass? Whatever you do this is an important step.

I also think you need to pull out or at least threaten. As has been pointed out, you’re working backwards. The EA is supposed to take instruction from you not the other way round.

IAmNOTBent · 02/05/2019 08:17

I'd be putting a rocket under the EA ass and saying let them know we won't sell subject to pp, and if you don't put it back on the market then I'll be going elsewhere.
This