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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:
Thewarrenerswife · 30/04/2019 19:50

Ridiculous! A property can be sold subject to PP, but it’s usually a piece of land or a building for conversion.

You can put a claw back in your own terms, where by any uplift in the sale of the property within a certain period owes a percentage to you (the previous owner). The percentage is usually between 20-50% of the uplift and the time frame is usually between 20-40years. My sister and her husband have this on a piece of land they own. If they develop the land/building in any way they must pay the previous owner 40% of the uplift. The claw back is contractual and covers a period of 40 years. It is usually used when a property/land is sold below value which has ‘hope value’.

I would tell your agent that if they expect you to wait for PP, you will be adding a claw back. However if they go ahead with the quick sale promised, you will let the sale go through with no claw back. Set a date you want an answer by, at which point the sale will either go ahead, or the house goes back on the market. Don’t be afraid to go with another agent. They’re not bothered how slow the sale is so long as they get their fee. Make it clear that if they don’t push this along, you will find someone else to market your property.

NC4Now · 30/04/2019 19:52

Outline planning permission boosts the value of a property, so if that’s what they want, they need to be upping their offer.

HertsNE · 30/04/2019 20:05

OP, this PP can't be imposed on you if you didn't agree to this at the outset. Your solicitor and estate agent can't accept conditions without taking your instructions first. Otherwise this would be negligent.

Is your property in England or Wales? If so, you don't need to be bound by any condition you've not agreed to unless there's been an exchange of contracts.

Definitely keep your property on the market. The estate agent ought to be working for your interest. Make them work for the commission that they'll earn.

rebbonk · 30/04/2019 20:19

Completely unreasonable. They either buy and take their chances with PP or they don't. Their choice, not anything you need to worry about; there are plenty of buyers out there.

Bumblebeesmum · 30/04/2019 20:23

House back on the market
Cheeky bastards

DogInATent · 30/04/2019 20:23

Unfortunately the house was taken off the market the day after the offer was agreed

Never. Ever. Do that.

Don't even let the EA put up a "Under offer" or "Sold" sign. A house is not sold (in England) until exchange of contracts. You keep it on the market and you keep taking viewings right up until exchange. It helps the Buyer stay focused.

Dungeondragon15 · 30/04/2019 20:30

Tell them they can apply for planning permission but you will be putting your house back on the market and will sell to someone else if you get a better offer.
Don't tell them this but if they do get planning permission there is nothing to stop you putting the price up. The house will be worth more and considering how they have messed you around you don't owe them anything.

Jux · 30/04/2019 20:31

FGS! Just say no. Stop wittering and move to another EA or have strong words with yours.

Poloshot · 30/04/2019 20:31

Yeah anyone can apply for planning consent on any land they like. You just have to notify the owner/agricultural tenants

Dungeondragon15 · 30/04/2019 20:33

Don't even let the EA put up a "Under offer" or "Sold" sign. A house is not sold (in England) until exchange of contracts. You keep it on the market and you keep taking viewings right up until exchange. It helps the Buyer stay focused.

It can put the buyer off if it doesn't say "under offer" or "sold subject to contract. I wouldn't pay for a survey if it looks like the vendor is still keeping the house on the market and may be looking for a higher offer.

LuluJakey1 · 30/04/2019 20:35

Tomorrow, go into the EA and tell them you are unhappy with the way they have represented you. Tell them they need to ring the buyer and say you areunhappy with what has emerged and feel you have been misled.
You accepted a lower offer on the basis of a cash buyer and mortgage free chain beneath you - which is not the case
Your acceptance of the offer was not 'subject to PP being granted'
You feel the delay of the survey and demand for to be done before the survey, given the already reduced price is unfair to you.

The house is going back on the market tomorrow (with another EA if you are unhappy with the EA's reaction), the survey needs to be carried out within one week and the sale to proceed quickly pp or not.

LonelyGir1 · 30/04/2019 20:39

They are taking the piss. Put it back on the market!

donquixotedelamancha · 30/04/2019 20:42

Don't even let the EA put up a "Under offer" or "Sold" sign. A house is not sold (in England) until exchange of contracts. You keep it on the market and you keep taking viewings right up until exchange. It helps the Buyer stay focused.

No way would I buy a house from someone who did this. Once an offer is accepted, both sides should be intending to sell- not playing silly power games.

Calm33 · 30/04/2019 20:45

Believe me I've had problems with my buyer.

Keep the house on the market as pp is nothing to do with the sale.

Italiangreyhound · 30/04/2019 20:53

I've not read this whole thread but I'd not be selling a home and waiting for the buyer to complete their plans before I could move on with mine.

Eggshellnutmeg · 30/04/2019 20:54

If the PP is turned down it’s recorded and you will have to declare it. Just tel your solicitor to tell them no thanks. You haven’t exchanged contracts therefore no obligation from either party

sighrollseyes · 30/04/2019 20:55

Don't pay for planning unless you want to do the extension yourself. If your buyer wants planning they need to apply for it themselves, that's not a job for you.

Hoggytat · 30/04/2019 20:56

If your estate agents pull the "ready, wiling and able" shit remind them that the offer you accepted was a cash buyer with no planning permission needed. The planning permission is a revised offer that you do not accept.

Stiffasaboard · 30/04/2019 20:58

Apologies in advance if this appears rude OP but you seem very naive.

If you have sold houses before then why on earth have you let this situation get this far?

Buyers insist on PP prior to completion and you just say no thanks, house is back on market and will welcome hearing from you again if you get PP and we haven’t sold it to someone else. Oh and as you aren’t actually cash buyers as you suggested you were then we would expect a better offer.

Your own purchase is going to fall through if you don’t get moving and relist it and find a proper buyer.

I simply don’t understand why your OP suggests you are stuck with the situation. Why you even needed to ask tbh.

Jellicoe · 30/04/2019 21:00

Have they even got architect's plans yet??? Put your house on the market!! Your EA and buyers are CFs.

Puzzledandpissedoff · 30/04/2019 22:46

You just know they're going to pull another stunt before completion

Indeed Hmm

chandylier · 30/04/2019 22:58

This is all wrong
Your house is worth more with pp!😆

Original poster
bellepup29 · 30/04/2019 23:15

Well, 'stiffasaboard,' maybe we are just nice honest people! How did it get this far? 1. We accepted the offer based on 'cash buyers.'

  1. It then transpired that they are not.
  2. EA maintained that they were naive.
  3. When the memorandum of sale arrived, it included 'Subject to surveys and the obtaining of planning permission.'
  4. When we queried this, EA said 'That's standard, you can just ignore it.' Which we knew it is not.
  5. EA obvs, wants to keep the sale together & fears that they will pull out if they don't get what they want.
7 We have had lots of viewings & not much real interest - we were sold a few months ago but it fell throufh owing to buyer's finances. Different agent, equally useless.
  1. I aghree, they will for sure pull another stunt.
  2. Agent is now on holiday.
10. Our solicitor was sent all the details on April 3, we heard nothing so chased up - had a message on April 23 to say papers were coming. 11. Buyers got anxious having heard nothing - got on to our EA, who got on to our solicitor, who wrote 'Waiting on forms from client.' A flat out lie, as we had had no forms. 12. After more lies, solicitor came back today to say that they hoped to print the forms tomorrow, but not sure owing to new letterhead. 13. So, buyers are able to say, that we are the ones causing delay because we have not sent back the forms.

So - is the word a cluster?

OP posts:
tillytrotter1 · 30/04/2019 23:19

String them along, apply for and get planning permission then bump up the price, putting it back on the market with the added attraction.

Osirus · 30/04/2019 23:21

Potential buyers do this all the time, particularly developers. It’s called an option agreement.