Please or to access all these features

Add post

Watch this thread

Save thread

Start a new thread

Flip thread

Hide thread

My feed

Active Unanswered threads

Getting started FAQ's

Unanswered threads Acronyms Talk guidelines

Hide shortcut buttons

Talk

Money matters

Find financial and money-saving discussions including debt and pension chat on our Money forum. If you're looking for ways to make your money to go further, sign up to our Moneysaver emails here.

Flip

1 2 3 4 5

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:

roosmum · 10/04/2006 12:30

but presumably the other buyers (of 210k house) didn't know about the new build either?

this sucks carmenere! if you're SURE this is the house for you then i guess you should stick with it, but i'd be v. tempted to bin the deal tbh.

Original poster

Carmenere · 10/04/2006 12:40

Yes but as dp says if we walk away on a point of principle (ie because he is being a tosser and taking the piss) we will just be cutting our noses off despite our face as the house even with the build next door is worth a lot more than we will be paying. ie 192,000 is still a very good price for the house in this area. Oh it is galling though

OP posts:

katzg · 10/04/2006 12:40

i have a feeling that what he has done is illegal.

there was a court case a while back where a women had lied about the noise coming from her next door neighbours house, and she had to pay the difference.

in some ways if you had bought it and discovered this you could have sued for the devaluation.

hope he comes good with a reduction

BullyingLondonLegalBods · 10/04/2006 12:41

Good point, let them stew for today, sit down tonight with DP and discuss it at length.

Freckle · 10/04/2006 12:44

You both have something to gain and something to lose from this and it is really a question of who has the best nerve. Don't forget, he is thousands of miles away and is it much more difficult to play hardball from there than if he was on the spot and could see first hand what the market is like, how many people are likely to be interested in the property, etc.

The EA is acting for the vendor not for you, so don't expect any favours from him. Having said that, I'm sure he'd like to see 2% commission on £190,000 in a week's time than 2% commission on £210,000 in 6 months' time. Could you use that to your advantage? .

Original poster

Carmenere · 10/04/2006 12:44

Yes Katzg but he has replied when we mentioned that it was illegal that as he lives in Thailand we couldn't sue him. He is obviously an arrogant tosser that has no moral problems acting outside the law. God only knows what he is doing in Thailand, heroin probably

OP posts:

Freckle · 10/04/2006 12:45

Actually, that's not entirely true. There are mechanisms for suing people abroad, but they are complex and not cheap. Also, what he has done is not illegal as you hadn't exchanged contracts.

katzg · 10/04/2006 12:46

thats a bummer! it stinks that he can lie and get away with it!

katzg · 10/04/2006 12:50

No its not a lot of use now but:

The law stipulates that all house sellers must complete a full Sellers Property Information Form (Spif) when preparing to sell a property. A Spif covers a range of issues including any fixtures or fittings being left behind, services affecting the property that are in still in effect, and, unfortunately for the seller but good for the buyer, whether or not any disputes have taken place with neighbours.

Basically Spifs serve to protect buyers, ensuring that they are fully aware of the details of a property they wish to buy and not at risk of being stuck with problems that the previous owner may have 'forgotten' to explain. Sellers who fail to complete a Spif could be liable to pay thousands or even tens of thousands if significant problems are left for the new owner to face.

Original poster

Carmenere · 10/04/2006 12:50

Oh yes freckle you are right, we said that IF we had exchanged it would be illegal. Dp reckons we should leave him to calm down a bit and then ask him to come back with a better offer.
EA seems to be more interested in the higher percentage as opposed to the quicker commision. He has just mentioned another offer from someone else. I suspect he is bullsh*tting. Wanker

OP posts:

OddOneOut · 10/04/2006 13:13

i pulled out of a house i was buying last year at the 11th hour after discovering that the next door neighbours were nightmare neighbours from hell, the house was lovely and it always seemed quiet etc round there, then we drove round there one evening and the teenage lads were outside with another gang, making a right racket. i rung the vendor up the next day and confronted him, he hung up!!!! then rang back 5 mins later and admitted that they were awful!!!!!!
we rang the ea next day and pulled out, but we had already had a suirvey done, so lost 400.

Original poster

Carmenere · 10/04/2006 13:35

Just spoke to my sil who is a fairly heavyweight property journalist. She said that we should accept the two grand off as becasue we haven't yet signed anything he can pull out and that if we bought it today at that price we could sell it next week for over 200,000 even disclosing the neighbours build.

I suspect she is right but dp is going to try to get a bit more off. My mum says that when the building does start and that there is crashing and banging and dust everywhere I will be sorry if we diddn't try to get more off

OP posts:

OddOneOut · 10/04/2006 13:36

roosmum · 10/04/2006 13:39

the dust etc wouldn't bother me really, it's the long-term resale thing, and the loss of light to the garden that would be of concern.

i like sil's idea!

is you vendor a pilot?? we had a strange vendor who lived in thailand, only ever communicated via email with EA. most frustrating!!

foxinsocks · 10/04/2006 13:42

don't let them bully you carmenere - our vendor did this to us (and buggered off to Thailand - where apparently he met a young Thai bride - he was in his 50s and v greasy eeuurgghh)

it's really hard but hold your ground

Original poster

Carmenere · 10/04/2006 13:43

Vendor is a tw*t, certainly don't think he has an important job like a pilot. Although the neighbours have said that he was alright, so who knows - it is very possible that the evil one in all this is the ea

OP posts:

roosmum · 10/04/2006 13:46

should have added - only communicated by email when HE felt like it - eg we waited 2 weeks between offer submitted & hearing back from him!

what do head/heart say carm?

Original poster

Carmenere · 10/04/2006 13:49

Heart says want the house head says we should get 2 more grand off. It's funny cause I feel like we have been totally f*cked over yet I know that even at that price it is a good deal. I don't know - very confused atm

OP posts:

zippitippitoes · 10/04/2006 13:52

if it is a good deal then I would accept his offer because he could remarket. It's a pig but you won't have actually lost anything which in house buying terms is good going.

We were made to cough up an extra 5,000.00 on the day of completion (we excanged and completed the same day) we had given up our rented accommodation and had no choice.

EvesMama · 10/04/2006 13:52

if he's been 'away' is the house in a good state of repair?..the other house up road may have been better internally or with nicer f&f?
i know how you're feeling though im the same..so im sorry hun but i cant advise you now cos you'll blame me if it go's tits up

EvesMama · 10/04/2006 13:53

zippitippitoes, why did you have to pay all than on completion?

zippitippitoes · 10/04/2006 13:55

they said they wouldn't sell to us otherwise ..it was a deceased estate(they claimed to have had another offer)also was somewhat complicated as the money was coming from estranged husband and I couldn't predict that we would still get it from him if we didn't make the move then

EvesMama · 10/04/2006 13:57

very nastyfor you!

crunchie · 10/04/2006 13:58

Sometimes buyers can be sods too! When i was selling my flat I owned the freehold for the whole building (2 flats) and I had negotiatied to sell that separatly. The day we were due to exchnage the buyer refused to sign unless we included the freehold! I told her to f off!!

Funny enough she signed 3 hrs later.

Everyone tries it on IMHO, therefore Carmenere I would decide what I felt was fair and have done with it.nnIf you want the house and realise it is still worth the money, buy the house. Don't cut of your nose to spite your face. Holding your nerve maybe an option, but if you love the house, know it is still good value and would have been prepared to buy it if the new place was already built, then go ahead and sign.

Think of teh Karma the vendor and EA will get :) The Vendor will contract a serious sexual disease and the EA is already slime on the bottom of your shoe, he must have been v bad in a previous life to end up as an EA :)

Original poster

Carmenere · 10/04/2006 14:04

at Zippi and lol at crunchie - I have to say first laugh I've had all day

OP posts:

Flip

1 2 3 4 5