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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:
Original poster
bellepup29 · 30/04/2019 23:27

But it takes 6 months & we need ro move soon!

OP posts:
KOBr · 30/04/2019 23:50

I'd bin that EA off for a start.

Vivianebrezilletbrooks · 01/05/2019 02:25

Apply for the planning permission yourselves and add it onto the price of your house and stick it back on the market.
I think the buyers might pull another stunt.
In the meantime, ditch the estate agent.
The claw back option does sound good though,having said that but they do sound like a right pair of cheeky F-ers,they're trying to get something for nothing and I get the feeling they might well be buying to do up and sell on hence why they want the PP and cheap too. It just looks suspiciously like that to me or there's something iffy going on here. They'll ask for another price drop I'll bet or something else.
Get another buyer,if those CFs want a bargain they can jog on. Hmm

RhiWrites · 01/05/2019 05:21

Planning permission is not so simple. We have been turned down three times for the same kind of extension that you see all over this area. Our architect is totally confused and is off to seek further advice before round four.

Don’t do it OP. These people want too much. They are cheeky fuckers. Don’t fall prey to sunk costs with these guys. Expect that it will take longer than planned to sell your property and remarket it.

PrincessTiggerlily · 01/05/2019 06:06

Surely you are quite able to say 'Sorry, we are putting it back on the market as we need to complete on our purchase as soon as possible. '
Quite reasonable, not calling anyone a liar, I would think this lot might drop their offer for some spurious reason as they are such CFs, and ea is in cahoots imv, or probably taken in too. All ea wants us money in his pocket ie fastest sale.

Qweenbee · 01/05/2019 06:18

I can't work out who are worse. - the buyers or EA's. Neither seem trustworthy.

I'd be tempted to put it back on the market. Tbh.

Nanny0gg · 01/05/2019 06:37

Put it back on the market with different agents. Drop this one.
Do it today.

Job done.

EllenMP · 01/05/2019 08:41

Definitely put the House back on the market and maybe find a new EA too. They can’t add a condition like that after their offer is accepted and expect you to honor the agreement. If their offer is low anyway this is a good chance for you to pull out and find another buyer, who will pay market price.

mummyof3kids · 01/05/2019 08:45

Pull out, it sounds like EA may have some personal interest in this! They should be getting you the best price and this is not at all in your favour. PP will increase value of property so perhaps worth you finding another EA, get PP and find new buyer.

Collaborate · 01/05/2019 08:54

Don't see what the problem is. Your buyers have effectively pulled out. Time to stop all the hand-wringing and put it back on the market. That might bring the buyers round, or it might not, but they're not who you need right now and that's plain to see.

moreismore · 01/05/2019 09:00

I think you need a new EA and a new solicitor... if you were happy to accept lower price for a quick sale then just relist at lower price and you might get more interest and an actual cash buyer who can move quickly?

givemesteel · 01/05/2019 09:10

OK only you know how quiet the market has been and how much interest you've had in your house.

But given how underhand your buyers have been I wouldn't care about screwing them over (the whole we're cash buyers thing is ridiculous).

Here's an idea that you might be able to look in to. Keep going with the pp application as worst case scenario it increases the value of your house if that sale falls through and in a quiet market that may give you the edge. Talk to another agent, see if they have any other buyers on their books already who are looking for a house like yours. Market it under the radar with another agent or even talk to more than one, doesn't have to be on rightmove.

Make sure with any viewings that any buyers are already under offer on their house / have a mortgage agreed / are actually cash buyers. Don't waste time with anyone who hasn't got an offer on their house yet.

I would probably accept that the house you want to buy may fall through, if you emotionally detach from that house you'll be less likely to make bad decisions with this buyer. Don't be surprised if they give you another lower offer 24 hours before exchange etc.

SynchroSwimmer · 01/05/2019 09:20

You can also put a phone call in to the Planning Officer, and ask for example, if it’s a straightforward planning app for say a sunroom that broadly matches the size and style of other adjoining or nearby properties - (i.e. a precedent) whether the planning department can offer a more optimal timeframe?

Also bear in mind Permitted Development - which is a percentage extension allowance of the property that does not actually need consent (provided the property has not already been extended) previously)

cherrybath · 01/05/2019 09:56

Have not read all the posts, but we had a buyer who did this. Her list of applications was long and included batshit things that were unlikely to be granted. I think she put these in so that she'd have a reason to pull out if she wanted to. It took more than four months for the process and she didn't get all the permissions, though she did get all the reasonable ones. She pulled out and we lost the house we were after. We missed the four best selling months of the year. I'd say don't accept the offer, either they want the house or they don't. I'm sure there is somebody else out there who would take the relatively small risk of buying without PP
Incidentally you could go for planning yourself, the house would be worth more. If you accept this offer and it goes through to completion you would effectively be selling them a house worth more for the original price.

Puzzledandpissedoff · 01/05/2019 10:47

we need to move soon

So with the best will in the world, bellepup29, why are you still throwing away time on these "buyers"? Especially when you know there's every chance of yet more stunts being pulled?

I realise it's got to be a joint decision and that your DH is less "on board", but if you want this you'll need to be proactive about it

pepperpot99 · 01/05/2019 11:18

What are you going to do, OP?

sunshinesupermum · 01/05/2019 11:40

It is a clusterxxxx - why are you still proceeding with this buyer? So sorry your estate agent and solicitor are also letting you down.

sunshinesupermum · 01/05/2019 11:42

But even so, the issue about PP stands - you do not have to sell with PP. If your buyers want it they have to apply after they buy your house. In the meantime they can go to the council planning officer and discuss what they propose to do in outline (even without architect plans) to get an idea if PP will be given.

DogInATent · 01/05/2019 11:43

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.

I've paid for surveys and walked away after seeing the report. If the cost of a survey is a serious hindrance, are you really a good prospect for the seller? You can get a survey done and move to Exchange within a week or less of having your offer accepted if you're a serious buyer.

There is no legally binding contract until exchange. It's important that buyers and sellers in England understand this. It's slightly different in Scotland, there the system is more sensible in some areas and less sensible in others.

As a seller you do not want to be kept dangling on a string by the buyer for months on end, and subject to peculiar conditions like the OP has been.

The OP needs to get the house back on the market and being actively marketed as soon as possible. They also need a word with the EA to remind them who they're working for.

FizzyGreenWater · 01/05/2019 11:46

If you need to move soon, even more reason to get it straight back on the market and fuck the EA right off. Because these 'buyers' will fuck you around - guaranteed.

Go on the offensive with the EA, it's the easiest way to get shot. Naive? No, deliberate misrepresentation. Tell them that they can go away quietly and get out of your faces OR you will take the fruadulent forms and all your email evidence and start off down the ombudsman route. They will go!

Get your house back on the market asap.

Original poster
bellepup29 · 01/05/2019 14:24

Yes, I know. DH went to see agent today & EA said that we knew about the PP when we got the memorandum - a lie, as the very second we got it, I was on the phone to him saying that we had never agreed to it.
EA says we should send the "buyers" details & photos of the work done, plus the garden fence repair they fussed about, and he will ask them if indeed they expect to get PP before contracts. I wanted to tell them that we will re-launch the house tomorrow, but EA says if he makes a fuss about the PP issue, then they will start to look for bigger houses are ones with PP in place. Well, good luck to that idea - a bigger house around here, in this location, will cost them £1m. EA keeps saying they are naive. These are a graduate couple in high level jobs, with parents the same. I appreciate the advice, and I would 100% just tell the EA to get lost & re-market (house looks v good after the new decor, and the garden stunning!) but DH does not want to go through it all again & not sell now. I keep telling him, these people will for sure try to get £ off the price after what they call their 'comprehensive survey' but....tearing my hair out.

OP posts:
myrtleWilson · 01/05/2019 14:29

Your DH may as well just gift your house to the buyers to be honest OP...

Original poster
bellepup29 · 01/05/2019 14:35

Agreed. We are being walked over, and I do not like it. DH says I am too aggressive & not to rock the boat. So now we have to faff about taking pix of the decoration & fence, sending off forms from insurers (decoration was needed due to shower pipe leak) - and only then, 'and when we have received a full report on the works' will they even book their 'comprehensive survey.' After which they will for sure try to get £ off. DH says 'Let them - we will just say no.' Meanwhile we will have lost the best sale months of May & June. Sigh.

OP posts:
Troels · 01/05/2019 14:37

Time to get angry OP, you Dh is going to roll over and let them walk all over him if you don't put your foot down and say No. Get it re marketed and say it'll stay that way as you will not wait for PP it'll be worth more with PP and if you wanted to wait that long you'd get it yourself and ask for more money.
They need to get their act together, buy as is or not at all.

Troels · 01/05/2019 14:39

Your Dh is wrong. Being more assertive (not aggresive) is what will get you a good price and no muching about. Being passive like him makes you look like saps who will roll over and let them have the house for a steal.

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