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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:
PickAChew · 30/04/2019 00:42

Surely without their exact jntentions as to materials, sizes, window placement etc, you couldn't apply for full pp, anyhow?

RubberTreePlant · 30/04/2019 00:48

Unfortunately the house was taken off the market the day after the offer was agreed - but we did not know about this condition until some time afterwards! 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). They are also having a survey, but have delayed this until we have completed some needed works & they have seen that report. Our EA seems to think all this is ok.

Is it heck okay.

You don't have to lie still to make it easier for them to kick you, you know.

Say no to all their cheeky fuckery and get it back on the market.

Horsemenoftheaclopalypse · 30/04/2019 03:41

So you accepted the offer, they changed their offer so now put it back on rightmove or wherever and find a proceedable buyer - you aren’t just screwing yourselves you are also messing with the people you are buying off which isn’t fair...

I agree with this advice.

Let them do their application, but don't take your house off put your house back on the market in the meantime. They can't expect you to do so when they haven't made a firm commitment.

ShinyShoe · 30/04/2019 04:20

Get a new EA. Put the house back on the market ASAP! Take back power. They’ve lied and you’ve got no guarantees they will even go through with the purchase. You’re being played. Get it back on the market. If they want it then they have to exchange regardless of pp

SnowsInWater · 30/04/2019 04:40

Tell them that you will not agree to that clause in the contract. The offer and acceptance is for a house without PP, if they want to go through that process it is up to them. I don't know why your EA didn't nip this one in the bud straightaway.

When we sold our house in the UK we had got planning permission for an extension (took ages, had to appeal, cost quite a bit). It was seen as something that added value to the property.

Mummyoflittledragon · 30/04/2019 05:36

Our EA seems to think all this is ok

That’s because they have made a sale as far as they’re concerned. The few thousand drop in price you sacrificed makes very little difference to their commission. They are not working in your best interest. They are working for themselves. This isn’t how it’s supposed to work.

Change agents if you’re able ie not in the exclusive contract period. Once out of the contract period, you probably won’t have to give the first agent fees for a sale through the second one unless the people, who buy contacted the first agent first. Check your contract.

I wouldn’t put it past these people to demand a price reduction the day of exchange so I’d consider this sale dead in the water.

Mummyoflittledragon · 30/04/2019 05:37

Btw if you come across another cash buyer, insist the prospective buyer provides proof of funds prior to removing the property from the market.

AvengersAssemble · 30/04/2019 09:10

So OP I think it is unanimous on here with the advice given, that being said, what are you planning on doing?

THEsonofaBITCH · 30/04/2019 09:19

Putting it back on the market won't hurt you in any way I can see and will probably speed them up to complete, in the meantime if you get another buyer with fewer conditions you are better off. Seems nothing to lose and possibly an a gain. One can put any condition one wants but not everyone has to agree to it - I was thinking of buying a property but the owner put a condition of sale that if I sold the land for a gain within 10 years they get 50% of the gain Confused I walked away as its totally bonkers.

Fridakahlofan · 30/04/2019 09:23

Ex property lawyer here - put it back on the market. This will be an absolute nightmare and end up costing you time and money in legal fees.

Puzzledandpissedoff · 30/04/2019 09:27

you aren’t just screwing yourselves you are also messing with the people you are buying off which isn’t fair...

This is a very good point, and if the "buyers" don't get exactly what they want they'll probably walk anyway, which speculators often do knowing there'll be another house along soon. On that basis, with so many demands being made, wouldn't it be better to just cut the losses now?

I think OP said they themselves are also cash buyers - genuine this time - and that would put them in a very strong position as buyers of any property, should their own current purchase fall through

maidenover · 30/04/2019 09:33

I would be amazed if your buyers don’t turn out to be mates with the Estate Agent. I’d pull out of the sale and find a new agent.

Backseatonthebus · 30/04/2019 09:37

I don't know why you don't just inform the prospective buyers that the house is going back on the market but they are welcome to leave their offer on the table and carry on with seeking planning permission if they wish. It's really that simple. The purchase of the house you are after may fall through if you wait for PP anyway, so you have absolutely nothing to lose. House buying and selling becomes more complicated when we allow emotion to influence actions (eg the buyers are liars etc). This is a business transaction and you need to get the house sold ASAP - putting it back on the market gives you the best chance of achieving that. Just focus on this.

Mummyoflittledragon · 30/04/2019 09:39

Puzzled
I thought op said their are buying another property and selling this one ie in the middle of a chain. They can’t be cash buyers if they need to sell their property to secure another.

TonTonMacoute · 30/04/2019 09:45

New EA and back on the market ASAP. Simples!

Alsohuman · 30/04/2019 09:46

Cash buyers are normally those who don’t require a mortgage, not necessarily that they don’t rely on the sale of another property to fund the purchase.

WhatdoImean · 30/04/2019 09:49

OK - sorry to be the proverbial pain the rear.

Assuming this is in England, Wales or NI, you can absolutely walk away and not sell.

However... be very very careful on some of the estate agency contracts. Things may well have changed over the years, but there was a situation when a number of estate agencies had contracts that stated they only had to provide a suitable, able to proceed buyer for them to be able to claim their fee. It is pretty unlikely that these are still in use, but to be safe, check your agency contract!

eddielizzard · 30/04/2019 09:53

Adding my voice to the choir - back out. They're CF's. And liars.

TheTeenageYears · 30/04/2019 09:56

Unfortunately there is absolutely nothing you can do to hold either the buyer or EA accountable for their actions. Both sound like you need to lay the law down even if you risk losing the sale (and your purchase). These people have shown their colours early on and in my experience it won't get any better and is very likely to get much worse. When they get the survey back I guarantee they try and get the price down over something. They obviously have a plan and for your own sanity I would very much recommend walking away. The longer the house is off the market the more the scales tip in their favour because you are more invested in your purchase and can't see any alternative. You might be surprised, if you are ready to walk away they will accept whatever conditions you make and if not - chances are at some point down the road they would probably have pulled out. Sadly many EA's fuel this kind of behaviour - apologies to any genuine EA's out there but my experiences have been shocking!

downcasteyes · 30/04/2019 09:57

A hell of a lot is currently allowed as permitted development under current planning rules (meaning you don't need PP). So they must be envisaging a huge amount of alterations to the house to require full PP - and they must see it as a risk or they wouldn't make it a condition.

I'd be very wary about this. Tell them you're happy to wait, but that you will be putting the house back on the market as there are too many contingencies and you don't want to miss out on a better offer.

Yabbers · 30/04/2019 10:01

We have a process of "outline planning" where you can get a yes in principle to an extension subject to the details. It doesn't take long. Is that possible?

If not, I'd walk away.

cstaff · 30/04/2019 10:02

Just get your solicitor to refuse that condition in your contract. You don't have to accept everything they ask for. If they want the property they will have to accept it on your terms.

DuckbilledSplatterPuff · 30/04/2019 10:08

Be careful of the EA. They've already proved they just want to push the sale through, however awkward for you. We were in a similar situation with a difficult buyer. We asked him to put the house back on the market and guess what, the EA could not find a single person to view. I'd consider a different EA if you can.

alreadytaken · 30/04/2019 10:12

Anyone can make a planning application, you just risk losing your money.

Planning applications should only take 8 weeks but if you push for a decision it's more likely to be a rejection. There are frequently delays because the planning officers suggests tweaks to make it more acceptable and then it gets passed.

A failure to get planning permission may not devalue your house because anyone who has made planning applications knows that sometimes they are unnecessary, that they can often be tweaked, or even appealed. Whether it does make a difference depends on the reasons given for refusal.

Even if tied into a contract with the agent you can argue that this is a buyer who is not "ready to proceed". So you can remarket with this or another agent.

Porting a mortgage doesnt make you a cash buyer, it gives the vendor no advantage over anyone else with a mortgage arranged.

If you are reluctant to remarket perhaps your house was not being sold for less than the going rate in your area.

PurplePiePete · 30/04/2019 10:27

your house to a cash buyer = one price

your house WITH PLANNING PERMISSION to a mortgaged buyer = a completely different higher price.

Your agent needs to grow a pair and get working for you