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unusual 'problem' regarding new house sale?

58 replies

soldasseen · 06/01/2014 19:11

We are buying a new house, the selling of the house is not simple and quiet horrible circumstances.

We have been waiting for the inventory for the new house and got an email from our solicitor today:

"They do not propose to send sellers property information forms and fixtures and fittings form as they say the property is sold as seen as the sellers have no personal knowledge of the property. They propose for the current occupiers to complete the forms however as they are not the sellers these could not be relied upon."

Is this a normal response? what does sold as seen mean? When we last saw it the house was full of furniture and beds etc - does it mean we get all of that?
We are concerned about this because if there is no fixture and fittings list, then what if when we get the keys they have gutted the place? we would have no come back.

Can anyone advise?

OP posts:
MoonlightandRoses · 06/01/2014 22:26

It just sounds unreasonable - you would need planning permission for a 'change of use' (e.g. into a B&B), but you should have the flexibility to have non-family members staying longer-term should you wish it. Therefore, it could be argued that, as planning permission would always need to be sought, that particular clause is un-neccessary. Do you know the background as to why it is in there? Were there disputes with neighbours (even though they are detached) over the extensions?

wetaugust · 06/01/2014 22:27

Apart from the shed I knew about all of the above before the purchase. Got it for about £12K under price of a 'done up' one - which would have cost about £63K at the time.

Advantage was that it was a shell that I could rebuild to my exact specifications/decor etc.

Even in the best house I've bought they took all the lightbulbs - but left a perfectly good Hoover (by design or mistake, I don't know). Hopefully it was a mistake and they were too embarrassed to ask for it back after completion Grin

Good luck. You'll rattle around a 7 bedroom house Grin. I can't see any point in trying to get the planning restriction lifted unless you want to go into b&b.

soldasseen · 06/01/2014 22:36

yes we may rattle for a while, but hope to fill it soon enough!

that is what we was thinking, re getting planning permission lifted. although option for b&b or lodge is attractive in case it is ever needed!

unsure why the clause was ever needed, it is a huge holiday area so perhaps just something the council insisted?

OP posts:
soldasseen · 06/01/2014 22:38

that makes perfect sense pooka! :)

OP posts:
SabrinaMulhollandJjones · 06/01/2014 22:40

When we moved into our current house, the owners told us they were leaving the outdoor hot-tub - we weren't too bothered either way tbh - but of course come moving in day it had gone. Neighbours told us it took 8 of them to move it.

When we actually saw the state of the house we were actually relieved they'd taken it. The place was filthy - it was a health hazard. I don't think I'd have fancied the hot tub - I didn't even want to touch anything until it had been deep cleaned and bleached.

It wasn't even a repossession - we were seemingly on quite good terms.

They did leave the lightbulbs though. And the rats. Yes, rats.

soldasseen · 06/01/2014 22:45

The house does need a good clean, unsure if it felt 'mucky' because of dark colors etc for if it does just need a good clean! - people do have different ideas of cleanliness!

hopefully no rats though!

OP posts:
SabrinaMulhollandJjones · 06/01/2014 22:54

Apparently the family and rats had lived a peaceful co-existence for a number of months Hmm

We had to pay the council to get rid (which they did quite quickly and it was worth every penny). Was q traumatic though...

Pooka · 06/01/2014 23:12

Oh - I've just remembered another reason for the planning condition. Actually 2.

Firstly, if the area is characterised by detached houses in sizeable plots, and everyone was to build large extension and then effectively sever the extension from the main house to form a "new" dwelling, then the character of the area would change from its original incarnation into semi detached houses in medium sized plots (assuming the gardens would be severed too). General lowing of spatial standards.

Secondly, houses/deellings have permitted development rights. What was originally conceived as an extension could then, if it were a new planning unit, be extended without planning permission. You could end up with an overdeveloped site..

Truly, the condition isn't that onerous. There's nothing to stop family and friends staying there (they are "related" to the occupiers of main house). The condition exists to stop market rental or sale or underhand tactics of installing tenants for 4 years and getting permission by default for then being able to sell on as a standalone property.

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