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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:
CoastalWave · 30/04/2019 10:32

Ask on your local social media for a decent estate agent. We actually used one that was 12 miles away, and they did a superb job. Most advertise on Rightmove anyway (which is where most buyers look)

Sack this offer off AND your estate agent.

Have a breather for a month then put it back on at a higher price.

Pinkblanket · 30/04/2019 10:35

It's not an unusual thing to ask for, you don't have to agree though.

PCohle · 30/04/2019 10:58

Just adding to the consensus that I wouldn't agree to a condition that would take c. 5 months. The buyers seem to think they hold all the cards, re-market the property and show them that they don't. It's the perfect time of year to sell a house.

Puzzledandpissedoff · 30/04/2019 13:28

They can’t be cash buyers if they need to sell their property to secure another

You're right - I may well have been mistaken about that. I'd say "what if they were using an inheritance to buy?", but then your principle still applies as they wouldn't actually need to sell their own house to proceed

Puzzledandpissedoff · 30/04/2019 13:30

I don't know why you don't just inform the prospective buyers that the house is going back on the market

To be fair, it's not just OP's decision to make - I think she suggested her DH sees this as no big deal?

Personally I'd run a mile, but it's not for me to decide either

BlueJava · 30/04/2019 14:56

Tell they can continue with their application but you keep your house on the market. If you sell before their application is approved then tough.

BumbleBeee69 · 30/04/2019 15:08

Get your house back on the Market OP Flowers

SchrodingersBox · 30/04/2019 15:08

If the buyers want to do this they should have asked for an option. This is where you have a contract that they pay a fee which can be as low as £1 to purchase the house within a set period of time for a set amount. Generally the agreed amount will be an increase on the value of the property as it is now but not full value with planning permission. If they don't do this they could pay for planning and then you could sell it to someone else with the planning permission for more money.

SavingSpaces2019 · 30/04/2019 17:18

we accepted the low offer on the basis that they were cash buyers
So now that you've seen the paperwork confirming they will be using a mortgage to buy - there's nothing stopping you from pulling out of the sale.

They definitely know how to play the game of buying a property 'cheap' and also how to avoid paying for the things they want.

The problem is that you're letting them do this to you.
I'd cancel the sale "due to a change in their circumstances which has rendered the original agreement of sale void"

EA are never completely honest and they will be using tricks to get you to sell quickly - so it sounds like you're getting double fucked over!

ToftyAC · 30/04/2019 17:50

As someone once said to me when in a similar situation.... “tell them to piss off, you’re not a charity”.
Get your house back on. They’re being CFs.

kelcol · 30/04/2019 18:04

EA's should be working for you.
You have two choices accept pp as a condition of sale remembering that if they change the plan this could delay your sale and you could lose the house you want.
Pull out of the sale completely and remarked.
Or inform the buyer the pp condition is not a guaranteed sale so you will be remarketing the property.
In regards to the EA if they knew about the pp and you can prove they knew and did not inform you it breaks your contract and you can remarked with another agent. If you are out of contract I would consider another agent anyway.

nuxe1984 · 30/04/2019 18:08

I'd be pretty pissed off with the EA! They should be telling the buyers that this isn't acceptable, the onus shouldn't be on you to sort it. After all, you're the ones who will be paying their fees not the buyers so get them doing some work for it!
Tell them you're not accepting any conditions after the sale was agreed and that you want to put it back on the market. If they see their fee disappearing they'll soon do something to get things back on track.

chandylier · 30/04/2019 18:24

No
Can they even apply for pp, I would think only the actual owner can do it. In which case are they paying for plans, architects? Getting plans drawn up will take a couple of weeks.
Either tell them you will go ahead with them but not wait for pp, bearing in mind that the price agreed was based on them being mortgage free.
Or it goes back on the market.
If you stick with them you’re looking at at least 5 months, if you get a new buyer it might go through quicker.

pepperpot99 · 30/04/2019 18:24

Don't do it OP - the EAs sound like a bunch of shysters to me. No need to be 'inflammatory' just explain you have consulted some 'other' professionals and decided to put the property back on the market/

chandylier · 30/04/2019 18:25

Bear in mind that the EA are just happy that they got a buyer, they don’t really care about you, even though you are paying them

Missingstreetlife · 30/04/2019 19:03

Talk to another agent. If you have to, take it off the market for few weeks and put back on. Cfs, and ea useless

CraicMammy · 30/04/2019 19:08

Your house may significantly increase in value with PP, but you’ll have agreed a price on the basis you don’t have it. I’d be highly reluctant to agree to a sale contingent on PP, what if they want to get PP for something silly? You’ll be tied to the application process even if it is not successful. What if they have to appeal the PP rejection? Let them make the application but keep the house on the market in the meantime.

Bentleybottom · 30/04/2019 19:12

I have to agree with majority here!. Decline their offer and relist it with another agent. You'll sell it in no time just as it is, anyone wanting to extend will put in for PP once they've purchased. I think they are cfs' and your EA' are useless fs' who would be quick enough to take their commission and NOT do any real leg work on your behalf. Ditch i say!!

Gatehouse77 · 30/04/2019 19:15

As they asked for PP after the offer was accepted I'd throw it back at them and say of course but it will cost £x extra for the time and costs of getting PP. Here you have to submit technical drawings, etc which cost.

Personally, I'd say no to them. Chances are they will acquiesce if they want the house so much.

MulticolourMophead · 30/04/2019 19:18

@bellepup29 I agree with those saying to put your house back on and walk away from these buyers. If they buy on their terms, they'll be getting a fantastic deal, and you'll be losing out.

They said they were cash buyers, but aren't, which is a good enough reason to pull out.

Quartz2208 · 30/04/2019 19:19

Just pull out and threaten to put it on with another agent

They are not cash buyers, they are not making the process quciker or easier

Jaxhog · 30/04/2019 19:25

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

Quite. And if they get planning permission, then it ups the value of your house! But you'd be better finding another buyer. Unless you aren't in a hurry?

Jaxhog · 30/04/2019 19:27

Don't forget there is absolutely NO commitment until you exchange contracts. Even if you 'accept' an offer. No self respecting solicitor would allow them to write this into the contract anyway.

I agree with the majority here. Find another EA.

Tistheseason17 · 30/04/2019 19:43

YANBU - they are proper CFs

FreeFreesia · 30/04/2019 19:47

You just know they're going to pull another stunt before completion. I would be back on the market while/if they get their act together.