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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 · 29/04/2019 19:34

S1naidSucks I kind of thought it was from your earlier question about sales progression of other local homes Wink

octonoughtcake3 · 29/04/2019 19:38

Definitely put it back in the market and if you think your estate agents are not working your best interests then put it up with a different estate agent.

PurpleCrazyHorse · 29/04/2019 19:39

Get it back on the market and have an open house over the bank holiday weekend.

BarbarianMum · 29/04/2019 19:45

Buying "subject to planning permission" is a thing, although I've more often seen it attached to land sales than domestic property. If you've marketed (and priced) your house on the basis that "you could extend the kitchen (or whatever)" then I can see their point. Ultimately though, it's up to you.

PigletJohn · 29/04/2019 20:01

I had a buyer who wanted to extend, and applied for planning permission. In the end they didn't carry the purchase through.

So I sold it to someone else, with the benefit of planning permission, at an increased price.

Cherrysoup · 29/04/2019 20:14

Cheeky fuckers. They can apply for PP in their own sweet time once they're in. Tell them it's going back on the market.

Original poster
bellepup29 · 29/04/2019 20:38

This condition was imposed some time AFTER we had accepted the offer! During negotiations, there was no hint of it. We accepted the offer in good faith. When the agents sent us the memorandum of sale via email, it said 'Subject to surveys and obtaining planning permission.'
We did not accept an offer under those conditions - they said nothing about this. Our EA now says 'They will apply for PP before ownership.'

OP posts:
PigletJohn · 29/04/2019 20:44

you haven't exchanged contracts yet..... have you?

Put it back on the market. As is.

squee123 · 29/04/2019 20:45

honestly. Fire your EA. They clearly knew about it and didn't tell you. You are paying them, they are meant to work for you. They are not doing their job. I would also report them to their Ombudsman.

wigglypiggly · 29/04/2019 20:46

The ea is assuming the sale will go ahead. Are you in the UK, I'd just say you're taking it off, it could take months, put it on with another agent.

Propertywoes · 29/04/2019 20:48

They are cheeky bastards. As others have pointed out they're absolutely taking the piss. Id put it back on the market (possibly with a price increase) and tell them if they don't get their finger out and get a move on, you'll be actively seeking a new buyer. Arrange an open day.

Original poster
bellepup29 · 29/04/2019 20:52

Not only this, but when we agreed the sale at the price negotiated, our EA told us that (a) they were cash buyers, (b) they did not need a mortgage (c) they were selling to cash buyers.
We then got their form, stating that they were 'porting over' their mortgage from their present house - so that in fact they do need a mortgage, and are not cash buyers! they do in fact say that they are cash buyers, in print on that very form, and in a different part of it they say that they are porting over their mortgage. We then found that their buyer was getting a mortgage on their house & having a survey done.
We took all this up with the EA & he said that they were 'simply being naive' in thinking that porting a mortgage was the same as being cash buyers. Naive? These people are anything but naive. To me, we have been lied to again and again - but my DH says that to call eitehr them or the EA 'liars' is inflammatory and I need to tone it down. Well, what can I call it when someone says they are cash buyers, and then they are not? We have now been off the market for almost a month.

OP posts:
wigglypiggly · 29/04/2019 20:54

Someone is lying, dont waste any more time. Have you got another ea you can use. Just step away.

Original poster
bellepup29 · 29/04/2019 20:54

So in fact, we accepted the low offer on the basis that they were cash buyers. We would not have done so had we known the truth. These guys are not naive, they are as cunning as can be.

OP posts:
Merryoldgoat · 29/04/2019 20:57

Just reject their offer and put it back on the market. You’ll be so pleased you did.

MoveOnTheCards · 29/04/2019 20:59

Put it back on. And consider another AE.

WokenUp · 29/04/2019 20:59

Reject reject reject!!!

And get a new, not useless, EA!!!

HollowTalk · 29/04/2019 21:00

You need to reject their offer asap and change EA, too.

sunshinesupermum · 29/04/2019 21:05

Agree with PP. Put your house back on the market with a new EA even if it means you lose the house you want to buy. This has all the hallmarks of a fxxkup

donquixotedelamancha · 29/04/2019 21:06

This condition was imposed

No condition can be imposed. Say no. Set a deadline as to when you want the house sold. Point out that the price was agreed for cash buyers for a quick sale and if they can't provide this then you aren't interested.

If they are willing to pull out now over something as silly as demanding you wait for planning permission then they are just as likely to pull out further along. At least if you find out now you may have a chance of getting another buy in time for the house you want.

More likely they will just get a move on because they actually want the house.

abbey44 · 29/04/2019 21:06

Are you tied in with this estate agent for a fixed period? I'm with everyone else saying tell them no and put it back on the market. They sound really underhand buyers and you can bet they won't get easier as the sale progresses.

Original poster
bellepup29 · 29/04/2019 21:09

Thank you for all this advice, which definitely has a strong consensus! The alleged buyers viewed our house twice before offering, then came round with their extended family to 'measure up' after the offer was agreed, which the EA says means that they are excited about the property and really want it. All oe agents in our area are useless - we have sold before with others & they all seemed to work for the buyer.

OP posts:
notapizzaeater · 29/04/2019 21:09

I'd walk away, not only have they got the house cheap, with planning permission it could be worth much more.

TheTrollFairy · 29/04/2019 21:11

Can you put it on the market with another EA? You have the house so technically hold all the cards. If you say you are withdrawing from their offer then they will have to go beck to the buyers of there house to say the sale has fallen through. Guessing they won’t want that

Jimdandy · 29/04/2019 21:12

I’m a Commercial Property Solicitor, with no direct experience of Residential Conveyancing. Conditional contracts are common with Commercial Property disposals and acquisitions but extremely rare on in res con.

I’d walk away if you’re confident you will sell to somemons else.