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Original poster

Should our solicitor have spotted this?

119 replies

Carmenere · 06/04/2006 14:20

We are in the process of buying a house, supposed to exchange today, however I was at the house the other day and spotted a planning notice on the neighbours streetlamp. So I searched the Councils planning dept site and it turns out that there is planning granted for the neighbours to build a two bed two story house in their garden - very close to our property.
Now this is definitely going to affect the resale value of this property of our house (if we continue with the sale!). Should our conveyancer not have spotted this? She said that there was an optional seperate search that she offered that this would have come up in but really would this not be a fairly basic thing to look for?

OP posts:
Freckle · 08/04/2006 10:22

All immediate neighbours get a letter from the local authority whenever someone puts in an application to extend/build. A notice also goes up in the street, but the immediate neighbours get a letter addressed directly to them. So, if your vendor has someone looking after the house for him, what do they do with post? Open it for him? In which case, they would have told him the contents. Send it on? In which case he would have had direct notification.

I think he's pulling your chain when he says he knew nothing about it.

Original poster
Carmenere · 08/04/2006 10:25

You're absolutely right Freckle, it would actually be very difficult for him not to have known. I think LTH is right - he just diddn't care and was hoping it wouldn't affect the sale. I wonder what would have happened if I hadn't spotted it and we had gone ahead - would he be culpable?

OP posts:
Freckle · 08/04/2006 10:42

If you could prove that he knew (which would be quite simple as you could get the local authority to confirm they had notified him by post), then you could sue for the loss in value of the property. Not a very pleasant process so much better than you found out now - but yes he would be culpable.

pooka · 08/04/2006 11:34

What good luck that you spotted the noticed. Horriblepositionto be in but at least it's before the sale has gone through so you still have the option of walking away.

Spacecadet · 08/04/2006 11:39

agree with everyone else, he must have thought you came down in the last shower! he obviously has no integrity, however, youve got him over a barrel now, if he wants the money he will accept your lower offer.

Original poster
Carmenere · 10/04/2006 10:31

I feel physically sick as we are waiting for the agent to get back to us with the vendors reply to our new offer. We have offered 14,000 less than the original agreed price, we are hoping to get 10,000 off. The agent was full of 'well the house is worth more than the original price anyway' 'the market has moved on' ect. I know it his job to get as much as possible but I'm worried that he has advised the vendor to put it back on the market at a higher price. But then I suppose he will have to advise new buyers about the house next door. OH I'm scared!!!

OP posts:
LIZS · 10/04/2006 10:39

oh carmenere how miserable for you, fingers crossed. I would expect all "live" applications within a radius to show on a search. Our Council website readily throws them up and soem actually scan in all correspondence and objections too. When we lived abroad we did still get sent a letter which was forwarded by the agent and could object via the website so don't think your vendor is as much in the dark as he claims, especially given that the neighbour is in contact. Good luck

BullyingLondonLegalBods · 10/04/2006 10:43

Oh Carmenere, just found this, keeping everything crossed for you.

May the road rise to meet you.

Original poster
Carmenere · 10/04/2006 10:52

Thanks girls, it's a waiting game now I fear, I shall keep you posted!

OP posts:
OddOneOut · 10/04/2006 10:55

will keep fingers crossed for you
spacecadet

HandbagAddiction · 10/04/2006 11:06

Really hope this works out for you and you manage to get your reduction.

He can't pull the card of 'I was overseas and didn't know' The vendors next door to us were living in New Zealand and they still knew about our planning because they were notified and even objected! They just 'chose' not to mention it to either their selling agents or the purchasers! Hence how the purchasers managed to negotiate a reduction as the vendors realised finally that they'd be rumbled and ultimately didn't have a leg to stand on!

Will watch with interest to see if you get what you want and will be keeping my fingers crossed for you!

Freckle · 10/04/2006 11:19

Of course the agent is going to say that. It's not just his job to get the best price for the vendor, but his % commission increases as well. If you lower the price, he doesn't earn as much money.

If your vendor decides to put the house back on the market, he is going to have to wait a lot longer for any money at all and there is no guarantee that he will get any more if he has to advise any prospective purchasers of the planning consent for next door.

Fingers crossed.

Original poster
Carmenere · 10/04/2006 11:23

Thanks for the good wishes! Well he has rejected the first offer of 14,000 less, says he has a small mortgage and can afford to put it back on the market. Funny that as last week he was desperate for the cash! We have now offered 9 grand less, fingers crossed, that's acceptable!

OP posts:
Original poster
Carmenere · 10/04/2006 11:56

He has rejected the 9 grand and offered us 2!!Shock ffs. Says HE is angry as WE are taking the pissShockAngry. When dp pointed out to the estate agent that he had done something illegal the estate agent said that he couldn't be sued as he lived in Thailand. Now that may be true but surely it is highly unethical for the agent to say that. Feel like ringing watchdog Angry
We have offered to meet him half way with 3.5 grand more.

OP posts:
BullyingLondonLegalBods · 10/04/2006 11:58
Angry
EvesMama · 10/04/2006 11:59

have a think about wether you really want it taking into consideration the probs while build going on and resale?..i know its late in day, but the balls still in your court, tell him he is laughable being angry and is totally in wrong..£9k reduction or youll walk away and hell have to go through months of agents and veiwings again.good luckSmile

HandbagAddiction · 10/04/2006 12:01

What a t*r !!! I'm sorry, but you guys are completely in the right here and he is the one taking the p*s by thinking he could have got away with no saying anything.

Sorry to hear he's playing hard ball on this one. Unfortunately though, he playing on the fact that he knows that you still want the house. It's very easy as an outsider such as myself to say this and therefore I don't expect you to take any notice of what I'm about to say, but I'd be so tempted at this point to completely call his bluff and to tell him to stick it!

Hang in there girl!

BullyingLondonLegalBods · 10/04/2006 12:01

I have to say Carmenere, I would walk, I know you really want it and it would make your life easier, but you seriously have to question whether you would be happy.

At this stage the EA is only protecting his commission, he couldn't give a toss.

Original poster
Carmenere · 10/04/2006 12:06

I'm so angry and sad and confused.The only thing I can hold onto atm is that the house was a bargain originally.

OP posts:
LadyTophamHatt · 10/04/2006 12:07

I'd tell him to F*ck off.

it's 10,000 or he loses the sale.

If he said no I'd walk away.

OddOneOut · 10/04/2006 12:10

im afraid i agree with LGJ,i would walk away, if hes not prepared to meet you halfway, hes pulling a fast one and the estate agent is just desperate to get the sale, there are other houses.

BullyingLondonLegalBods · 10/04/2006 12:15

This maybe a really stupid question, would you have bought it at the price it is at if the building already exsisted ??

If the answer is yes, you still need to be compensated for the muck and mess that you will have to endure and his offer is laughable.

Original poster
Carmenere · 10/04/2006 12:17

I know what you are all saying is true BUT the reason we are not walking away is because there actually isn't any other houses in the same area for the right price. The exact same house two doors down went for 210,000 within a week of being on the market just after we had had our offer accepted - that's 16,000 more than ours and it's garden is overlooked the same way as ours will be with the new house. This is the reason the agent wants to put this back on the market.

OP posts:
Freckle · 10/04/2006 12:20

Well, you have to decide how much you want this house and whether all the mess and noise you are going to have to put up with is worth the money he is asking.

I would be tempted to say that he either accepts £10K off or you walk. If he says fine, I'll remarket, let him. He's not exactly in a position to influence any future buyers, is he? And now that the EA knows about the build next door, he will have to notify all interested parties. Make sure your solicitor notifies his solicitor about it too as that way the vendor won't be able to keep quiet about it unless he changes solicitor.

BullyingLondonLegalBods · 10/04/2006 12:20

Ooh er Missus..............