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AIBU?

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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:
Nanny0gg · 02/05/2019 21:13

You do know if you carry on with these buyers that they'll drop the price just as you go to exchange, don't you?

IamtheDevilsAvocado · 03/05/2019 05:01

Ok.....

These estate agents are dishonest liars the evidence is clear ..I just wouldn't continue with them. ...it smacks of collusion with the alleged buyers. ...

I would say...unless completed without pp within 10 days ,we're going elsewhere...and do it! !

Your husband's behaviour will mean you will likely either lose ANY potential sale...or that you sell to these shysters at tens of thousands below market value. ...

He needs to get his arse in gear

IamtheDevilsAvocado · 03/05/2019 05:03

And of course if you continue with these buyers I'm sure they'll try and sting it out and reduce the price more....then you'll hAve lost other buyers and the best months to sellll....

Your OH is being deeply dadt

CallMeRachel · 03/05/2019 06:22

This is one of the most infuriating threads I've ever read on mn.

Yanbu.

You must put your foot down and take action now to protect yourselves from losing a lot of money and valuable time.

Your husband is being too passive and is sticking his head in the sand!

These buyers have been dishonest and have misled you from the beginning. They know full well what they are doing. They will knock more money off their offer if you say you can't wait for planning permission.
Kick them and your dishonest EA to the kerb now and move on. Honestly, you'll feel relieved.

PrincessTiggerlily · 03/05/2019 06:30

I think posters are being too hard. Even if ea is self seeking and buyers are sneaky there's no guarantee the next won't be the same. Unfortunately we only buy and sell a few times in our lives and learn from our mistakes.
The important thing for the buyer is that they get the house they want and chalk the rest up to experience. Time will tell if they get ripped off or not.

Propertywoes · 03/05/2019 10:21

I think if I were you I would probably just inquire with other agents of their opinion as a value of your house and the situation you're in and check the terms of exiting your contract with the current estate agents. They're not acting with your interests as any sort of priority. there will be other buyers it's not a case of sell to these people or never sell your house. I think it's time to make these enquiries without your husband's agreement if necessary because I think he needs to have his eyes opened to the fact that there are other options out there. You don't have to be railroaded down this path.

Gatehouse77 · 03/05/2019 12:15

This is one of the most infuriating threads I've ever read on mn.

Agree!

Puzzledandpissedoff · 03/05/2019 12:21

Even if ea is self seeking and buyers are sneaky there's no guarantee the next won't be the same

That's true in theory, but I'd hope this experience would have taught a few lessons in what to look out for next time ... not least the importance of qualifying potential buyers

IamtheDevilsAvocado · 03/05/2019 13:58

Or...get outline planning permission yourself and increase the price! !

Mildura · 03/05/2019 14:12

increase the price! !

Despite not having any idea what sort of planning consent is being sought, why do so many posters believe that planning permission automatically increases the price?

Dungeondragon15 · 03/05/2019 18:33

Despite not having any idea what sort of planning consent is being sought, why do so many posters believe that planning permission automatically increases the price?

Because the house will be worth more to many people including the buyers it seems.

BumbleBeee69 · 10/05/2019 23:35

any resolution yet OP ?

bellepup29 · 16/05/2019 18:27

I hardly dare add this. EA & DH on the 'phone abt 3 weeks ago - EA said you don't know for sure they will ask for PP." DH replied, "but you said in an email, 'they will seek PP before ownership.' "EA replies "I never said that. I would be very interested in any evidence of that, because I never said it." We forwarded the email which indeed said exactly that.
EA then said, oh, I was writing it on my 'phone and I left out the "not!"
Un f believable.
Meanwhile, 2 weeks ago buyers said they were sorting through surveyors' estimates. 1 week ago I asked when the survey will take place? 3 days ago EA said they were booking it. Today, asked again, and received reply "They are bringing their builders at the same time as their surveyors, and they will be arranging that."
Note that we have already had their mortgage valuation surveyor in.
We have already had our survey on the house we are buying.
I know what they are up to - no need to reprimand me! They will take another 2 weeks, then the builder/surveyor will find things wrong & they will try to bring the price down. We will not budge & will put it on the market immediately - but, here's the thing, this will be well after the prime end-of-May-start-of June time.
I want to put it back on now - all the commitment is on our side & I can never understand why a house can't be kept on the market until contracts. The situation with DH is unchanged.

OP posts:
RubberTreePlant · 16/05/2019 18:33

In the nicest possible way; I don't know why you're telling us.

You haven't followed the (unanimous) advice on this thread.

PCohle · 16/05/2019 18:41

Is what you're saying that the buyers haven't made PP a condition at all and it was all a total misunderstanding based on the EA missing out the word "not" from an email?

bellepup29 · 16/05/2019 18:43

More or less, but they have now introduced this 'builders' issue along with the survey.
Yes, unanimous advice, which I am trying to take.

OP posts:
NoSquirrels · 16/05/2019 18:49

Tell them - we proceeded on the basis you were cash buyers and could move quickly. Unless you can set an exchange date in the next 4 weeks, NOW, FRIDAY, then we will put the house back on the market simultaneously with a new agency by Monday morning.

PCohle · 16/05/2019 18:52

I think the fact that have never tried to make PP a condition paints the buyers in a different (much less CF) light that would make me more relaxed about the delay/survey though...

I'd be furious with the EA though. I'm surprised you were so confident that the buyers were making it a formal condition on the back of such an informal remark from the EA though. It's all quite confusing.

bellepup29 · 16/05/2019 19:30

It was not based on an informal remark but on what was stated in the 'memorandum of sale.'

OP posts:
RubberTreePlant · 16/05/2019 19:34

So that had the same typo in it? Or the EA is lying his head off?

BruceAndNosh · 16/05/2019 19:52

EA is spouting tosh and massively backpedalling.
It's not routine to refer to conditions that DON'T apply.
"not subject to obtaining Planning Permission"???

What next?
"not subject to Manchester City winning the FA Cup"?

donquixotedelamancha · 16/05/2019 19:56

In the nicest possible way; I don't know why you're telling us.

Better an OP who updates than one who doesn't.

You haven't followed the (unanimous) advice on this thread.

The advice was mostly based on the idea that they are making PP a condition of sale- this is a silly and unusual condition, is guaranteed to delay the sale and is in direct conflict with what they said when they offered.

If the EA was mistaken in saying that then the advice changes. I would not throw away a sale (which is what putting it back on the marked would do) just because they lied about being cash buyers.

I would, however, clearly (but politely) communicate that you accepted a low offer on condition of quick sale and will not be reducing or waiting if they faf further.

It seems to me that a lot of your problem is communication with your agent- what on Earth was all that about PP? How could wires get and stay so crossed?

RubberTreePlant · 16/05/2019 20:03

The advice was mostly based on the idea that they are making PP a condition of sale- this is a silly and unusual condition, is guaranteed to delay the sale and is in direct conflict with what they said when they offered.

If the EA was mistaken in saying that then the advice changes.

If OP had been assertive weeks ago, as advised, this would all have been clarified then.

As it is, apparently PP before purchase IS stipulated, so who knows what's really going on?

donquixotedelamancha · 16/05/2019 20:06

what was stated in the 'memorandum of sale.'

I missed this earlier. None of this now makes any sense. EA appears to be totally deranged.

Mitzimaybe · 17/05/2019 16:52

Those of you berating the OP for not taking the advice - she has tried to, but her DH disagreed. Obviously for the sake of matrimonial harmony she hasn't unilaterally put it back on the market against DH's wishes.

OP this latest from the EA doesn't alter the fact that you went with these buyers because they originally promised a quick sale, and haven't delivered on that. It is still perfectly reasonable to give them a deadline to exchange and set a completion date or else put it back on the market.