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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:
Billben · 29/04/2019 21:17

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.

Your EA thinks that YOU are naive enough to believe this bullshit. Christ, what a cheek. Get rid. And as for your CF buyers, they can jog on as well.

donquixotedelamancha · 29/04/2019 21:17

they all seemed to work for the buyer.

They work for themselves. You sign a contract to describe the work they do for you. If you want a quick sale, tier the commision for speed. If you want the best price, tier the commission based on sale price.

Don't tell them anything except what you want the buyers to hear. When they tell you things, keep in mind that their goal is to sell the house with as little marketing cost as possible- so once a buyer is hooked they want it going through.

Takingabreakagain · 29/04/2019 21:28

Anyone can apply for planning permission on any piece of land whether they own it or not (provided the correct notice is served on the owner). The application process should take 8 weeks from the date the application is valid, this includes all notifications, assessment etc. particularly if the application is just for extensions or similar to your house there shouldn't be any need to take longer. Eight weeks is the government target date given to all householder applications.
I work in planning and this sort of situation happens fairly regularly. There's no cost to the current owner, it would be the prospective buyers who would have to get the plans done and pay the architect, planning fees etc.

YankeeDad · 29/04/2019 21:31

They sound like shit buyers to deal with. Your Estate Agent sounds pretty poor as well.

By adding such a significant condition they have effectively withdrawn their offer anyway. Best course of action may be to let them know you consider their offer to have been withdrawn, and then relist the house with a new Estate Agent.

LillithsFamiliar · 29/04/2019 21:34

I'm not sure you've said where you're based or even the country the property is in OP. In which case, all the advice on what you can or can't do is moot. Your next step depends on where you are in the process (ie have you accepted an offer or signed a missive) and which legal system the sale is taking place under.

GabsAlot · 29/04/2019 21:39

if youre in england u can pull out people do it everyday

and u dont need a local ea either use an online company-everyone finds their houses online anyway

ostinato · 29/04/2019 21:43

You can definitely make an offer on a house subject to
PP - it's up to the vendor whether to accept or not. The last house we bought we did this...planning took 6 months, and we were ready to exchange and complete on the same day if needed to make up some time. The vendor wanted another 2 months, so speed clearly wasn't a factor for them. The house had been on the market for a long time, had not been well maintained, and many buyers had been put off by the work needed, so I guess that's why thay were OK with the PP condition.

NoSquirrels · 29/04/2019 21:45

You don’t need to call anyone liars or be ‘inflammatory’.

You simply need to say, via the EA or ideally to the buyers direct:

As we agreed to proceed with the sale at £X price under the assurance that this was a cash purchase and therefore would complete quickly, and now discover this not to be the case, we are going to remarket the property this week as we certainly cannot agree to a delay for planning permission purposes. If you still wish to proceed without planning permission let’s discuss aggressive timescales, as per the original ‘cash purchase’ basis.

LL83 · 29/04/2019 21:52

Agree with @nosquirrels dont call them liars. Stop being naive though. Get the property back on the market for chance buyers will speed up or new buyers will be found. Otherwise content yourself with waiting for planning permission.

If it was me I would hope to sell to someone else out of spite.

HowardSpring · 29/04/2019 21:54

If you can remarket I would do so. I regret not having done so. I sold to cash buyers who then proved not to be and the sale went on for 9 months. I didn't pull out because every time I nearly did they told me the would be ready "on Monday"

The agent lost enthusaism as the market was very quiet and as far as he was concerned he had done his job by getting the buyers.

My life was falling apart anyway so I sold it cheap. I'm glad I am gone but resent selling to them.

Puzzledandpissedoff · 29/04/2019 21:58

As you're rapidly finding out, there are some complete crooks in the EA business; from all the lies you've been told there no longer seems any doubt this was a stitch up they planned with the buyer

Personally I'd see no alternative but to market the house elsewhere - the alternative's to find the buyers might feel persuaded to drop their offer on the day of exchanging contracts, or for a fictitious survey to discover imaginary horrors. It happened to me, only for the EA to insist I was confused between the real buyer and the developer named "Mr Smith"

Yes, some really are that stupid ... or maybe they just think we are

PillowTalker · 29/04/2019 22:13

Tell them it's going back on the market and see if they're still so instant on PP then

If you behave like a doormat people will walk over you. This is your choice OP, nobody else's

StoneofDestiny · 29/04/2019 22:18

Walk away. Ridiculous request - they could find another property in 6 months, or simply change their mind, and leave you high and dry!

Original poster
bellepup29 · 29/04/2019 22:22

Sorry, 'takingabreak' but although this is obviously right for the area you know about, but in my area - and I know this from personal experience - from submitting the forms to being granted PP, it is an average of 5 months & can take longer.

OP posts:
jinglet · 29/04/2019 22:41

Bloody hell- the cheek of both the CF buyers and EA. Don't pander to them OP. Take back the control and relist- even if you don't get any more offers. If these eejits are serious, that'll give them the kick up the arse to stop calling the shots.

Coyoacan · 29/04/2019 22:42

I would change estate agent and put a nasty review on the internet, frankly.

MiniMum97 · 29/04/2019 22:45

Your EA will tell you and everyone else whatever they need to to keep you on board and the chain intact. You can't trust them to advise you or tell the truth. Remember that they only male money when a sale goes through. They can be very helpful in this regard or feed you a lot of bs.

StuckInsideAnEcho · 29/04/2019 22:48

Which estate agent is this, hope I didn't miss the info if it's already been posted

Ultimatum time - cash sale goes through aggressively or you remarket, and if the EA is rude or CF about it then you take your house to another EA

This is unbelievable

MidniteScribbler · 29/04/2019 22:55

which the EA says means that they are excited about the property and really want it.

I could be excited about moving into a waterfront mansion on Sydney Harbour, but it doesn't mean I can afford to or will ever get to do so.

UniversalAunt · 29/04/2019 23:07

Roughly a third of house purchases fall through before contracts are exchanged.

llangennith · 29/04/2019 23:11

I think the potential buyers of every house I've ever sold have said they're cash buyers, have sold their house, want to complete asap etc. I got so excited the first time..,

Justaboy · 29/04/2019 23:14

If the proposed extension isnt too big they might not need PP anyway might be worth throwing this at your EA who sounds a drip anyway;(

DeaflySilence · 29/04/2019 23:16

"It feels as if all the advantages are on their side - they are already getting the house for much lower than it's worth (that's not my emotional owner view, but based on local comparisons of sold prices)."

Would the price of the property not be even higher with planning permission in place?

I would walk away from them. They will squeeze you dry are already squeezing you dry and, if the sale went through to conclusion, you would always feel you had allowed your self to be cheated to a level below the true value.

Walk away and put it back on the market.

CoffeeCoffeeTea · 29/04/2019 23:53

Hi OP, a lot does depend on how quickly properties sell in your area. Planning permission takes at least 8 weeks for approval by the council, you then have to factor in refusal (more common than you think) and drawing up the plans. In my area houses with planning permission have a premium so I don't see what you are getting out of this.
For your EA there is a buyer so they will get commission/fees at some stage.
I agree with other posts , put your house back on the market, do not let them apply for planning permission unless you know what they are proposing, and see the documents prior to submission.
Good luck

Chloemol · 30/04/2019 00:38

Keep the house on the market and tell them if they want to go for it they can, but if someone else offers you a sensible price and can exchange quicker you will be selling tothem

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