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Feeling bullied, should we pull out?

300 replies

DobbieFreeElf · 29/12/2020 14:52

I’ve come here to get some opinions from people removed from the situation.

We had an offer accepted on a house in September, the house fits our, very specific, needs and although we would like to improve it over the years (new kitchen, bathrooms, maybe extension) we would be planning this to be a home for 20 years.

The house is an adjoining paddock, a couple of acres, which is ideal as I have always had horses (prior to kids) and when the little people are bigger I would like to get another.

We were all set to exchange on the Monday before Xmas when our solicitor calls to say that the sellers want to impose an Overage clause (also called uplift/ clawback) on the land. In essence this means that if planning permission is granted on the land we must pay a percentage of the increase in value to the sellers. We felt completely blindsided as we had never even heard of this before that date.

Aside from potentially building a couple of stables in the future we have absolutely no plans to develop the land. (Why would we, we love the house because it is rural).

I can’t decide if we should cut our losses and walk away now.

Now the seller is threatening to put the house back on the market next Monday. We feel backed into a corner and bullied.

Initially we were dead set against the overage (especially as it was dropped on us at the 11th hour) but having had time to look around at what else is on the market (nothing that meets our needs), thinking about the 15k extra we will have to pay on another property (as it’s doubtful there would be a house we would complete on before the SD holiday ends), the £2k+ we’ve already spent on conveyancing, searches, surveys, inspections etc. and many other factors we had decided that we would be open to the overage (as long as we negotiate terms that we are ok with)

Are we stupid, should we walk away, is this fate giving a massive warning sign...

OP posts:
Gazelda · 08/01/2021 17:07

I think that in a years time you'll look back and be pleased that you decided to proceed this way. You haven't cut your nose off to spite your face. You haven't had to keep ties with people you believe have behaved poorly during the transaction. You've probably paid a fair price, bearing in mind the opinions of posters on this thread who have experience with overage clauses.

You've made a decision using your head, not your heart.

Good luck next week. I hope it all goes smoothly.

inquietant · 08/01/2021 17:15

Nice to hear you're happy and moving forwards, good luck for the rest of the process!

carlaCox · 08/01/2021 17:21

Great news! I also think you've made a wise decision. If they're being real a-holes about the selling process then I can imagine you wouldn't want to have these overage ties to them for the next four decades. Best of luck with the move!

BlackKittyKat · 08/01/2021 17:32

Congratulations OP. Really pleased for you.

Do come back and let us know when you are in and how you are getting on. I love a happy ending.

jakeyboy1 · 08/01/2021 17:59

Well done!

Horehound · 08/01/2021 19:09

Congratulations! If you're happy then that's all that matters! Enjoy your new home!!

Dawnlassie · 08/01/2021 19:17

Well done on getting it sorted. I was only going to suggest putting forward an amended overage. Whereby you agree to their terms and percentage but they pay you £250 a year for every year the land isnt developed.

BlueThistles · 09/01/2021 05:11

Well done and congratulations OP ... keeping a level head must have been difficult but you did exceptionally well 🌺

roverr · 09/01/2021 05:43

Congratulations, I'm very pleased for you and I hope you enjoy your new home.

I just have one question for you: were you prepared to walk away?

Only I say this because it's' such an important thing in life to be prepared to walk away from a negotiation. Sometimes it's worth calling peoples bluff too.

Frankly I thought it was pretty disgusting the way this seller tried to prey on your vulnerabilities, move the goalposts so much when you have your heart set on the place.

People get scalded for calling someones bluff but it's' just so much more ethical compared to what they did.

Evalina · 09/01/2021 16:50

Congratulations - that sounds like a good result, and I'm sure you will love your new home when you have settled in.

DobbieFreeElf · 09/01/2021 19:22

Good question @roverr... yes, most definitely, to be honest I pretty much had in my head and it was our last move before drawing a line. We were exceptionally lucky that we had options of somewhere to go to, in most other situations we would have pissed off or lost the lower part of the chain. Having that option and a moment to stop, take stock and really think through what we wanted gave us the chance to make our final offer with the other option being to walk away.

OP posts:
Hawkins001 · 09/01/2021 19:57

Once you own the land, what if you then sold the paddock to a family member, to use instead without planning permission ect so no value-added, they then let you rent the land eg a small fee to make it seem legit and then at some point they sell you then land back, as I've just been reading about the land overage and it seems if there's no extra value, then the original sellers cannot make any profit from it ? (Admittedly this idea would be better if a legal expert could weed out the details)

NewYearNewPlumbing · 09/01/2021 20:28

Hawkins The only circumstance in which the overage would have been triggered was if the land was developed with residential or commercial buildings or planning permission for the same.

If the family member developed it - overage triggered.
If the OP rented it back and developed it -overage triggered.

Hawkins001 · 10/01/2021 00:27

New so basically even if the land is resold the overage is still in place.

Clymene · 10/01/2021 00:36

Oh I've only just seen this. Great news. Congratulations!

NewYearNewPlumbing · 10/01/2021 18:16

Hawkins Yes - which is why the OP was concerned that it could cause complications if they needed to sell in the future. It would remain as a charge (or something) on the land.

Like a covenant remains on a property for the specified period, however many times it is sold - that it cannot be used as a shop, for example, or rented out, or divided into flats.

However....the OP is now buying without the overage clause so all is good!

krustykittens · 10/01/2021 22:06

Congrats, OP! Now you can go horse shopping! I would kiss that new kitchen goodbye if you do....

DobbieFreeElf · 15/01/2021 17:33

Just thought I’d update you all that we have (finally) exchanged!!! Thank you again for all your advice!

As @krustykittens points out, now time for pony shopping (I wish 😉) 🤣

OP posts:
Clymene · 15/01/2021 17:38

Oh how exciting! I hope you are super happy there Smile

BlueThistles · 15/01/2021 17:55

Congratulations OP .. wonderful news Flowers

Shehasadiamondinthesky · 15/01/2021 18:02

They are taking the piss, walk away. They really are trying it on.
They offered the house for a fixed price at the beginning and now just as contracts are about to be exchanged they are trying to screw you for more money, it was never mentioned before.
No way would I allow this however much I wanted the house.

BlueThistles · 15/01/2021 18:04

@Shehasadiamondinthesky

They are taking the piss, walk away. They really are trying it on. They offered the house for a fixed price at the beginning and now just as contracts are about to be exchanged they are trying to screw you for more money, it was never mentioned before. No way would I allow this however much I wanted the house.
You really SHOULD read the updates from OP.. before commenting... Confused

OP has resolved this issue .. and has exchanged now.. Hmm

krustykittens · 15/01/2021 18:14

Fantastic news, OP! If you are on a budget, a rescue centre might have what you are looking for pony-wise, if what you are after is a hairy native type that will do a bit of everything? We have a couple of rescues who came from the RSPCA and the Blue Cross who have the lovelies temperaments and do a bit of everything at a low level to medium level. The most expensive one was a lovely little black and white Gypsy cob that cost us the grand sum of £250. You might still be able to afford that kitchen! I am so glad it worked out for you, you really sounded like you loved the house.

GU24Mum · 15/01/2021 18:28

Hurrah - you can celebrate this evening - well done!

Honeyroar · 15/01/2021 19:10

Oh that’s brilliant! What a relief! (On the day you get the keys tell them you’re in discussions with a developer and think you’re going to make a fortune!)

Happy pony shopping! Tonight I’d give you mine after a week of frozen buckets and taps!

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