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Original poster

Buying a property SOS

29 replies

LightsOutHere · 15/04/2024 20:26

Please help!

I’m buying a new property. It’s an end terraced house in which the side path has been extended and then split into 2 seperate properties.

I’m buying the extended section. For example, the original house is 25 and we are 25A.

The seller/solicitor has been really dragging with the draft documents so I told the EA I’m considering to pull out on my offer. This finally got them moving and the draft contact has now been received.

However, my solicitor knows I want to move imminently and advised that the property is technically new build and so needs to be registered - which can take many many months to complete.

EA is saying that if a sale is agreed, this will be expedited so won’t be as long a wait.

I enquired with HM Land registry myself and they say there are no applications under the original house. Meaning, they can see number 25 but not 25A. And they can’t see any pending applications submitted. They also said new build registrations take 18 months which really panicked me.

This is all so new to me and I have ADHD which makes me struggle with processing lots of information and I get stressed and overwhelmed.

I want to make an informed decision to consider whether to pull out at this early stage and look for another property - in case it drags and we don’t get to complete by June/July.

Reason for my rush is due to family issues and because I am relocating to a different area and want to have sorted school places for my 3 young kids for the September 2024 at least.

I’m at my wits end. I don’t know who to ask for help and what to ask.

My solicitor was talking to me and saying review all docs especially the TP1 and OCE. I’m too embarrassed to ask why and what for.

My ADHD has made me feel stupid all my life and this life event is no different.

Please help!

Thank you

OP posts:

Original poster

LightsOutHere · 15/04/2024 20:44

Bump

OP posts:

INeedAnotherName · 15/04/2024 20:55

If it's not even registered I would look elsewhere even if I wasn't in a rush to move. That should have been done before they instructed EA imo. I would also wonder what else they cut corners on.

Geebray · 15/04/2024 20:58

I'm pretty gung ho but I would walk away from this, OP. They've built a house but haven't even applied for it to be registered? What other things have they cut corners on... You are quite right to be questioning this.

Don't be panicked into buying a house. If you must, rent somewhere.

Geebray · 15/04/2024 20:59

You've done very well to dig into this deeper, OP. Please don't doubt yourself!

Original poster

LightsOutHere · 15/04/2024 21:31

Guys thanks you for steering me in the right direction. It feels like a weight has been lifted

OP posts:

Geebray · 15/04/2024 22:10

What does this mean? What is the "draft contract"?

LadyTiredWinterBottom2 · 15/04/2024 23:23

If it's not registered you're unlikely to get a mortgage on it surely?

LadyTiredWinterBottom2 · 15/04/2024 23:25

Geebray · 15/04/2024 22:10

What does this mean? What is the "draft contract"?

Just that - sellers solicitor provides a pack of information in the house to buyers solicitor to check and make enquiries etc

Twiglets1 · 16/04/2024 06:44

I would walk away from this one @LightsOutHere and tell the EA exactly why.

Well done for being proactive & checking with the Land Registry yourself. It’s possible that the seller had lied to the EA about it already being registered so they will be shocked to find it isn’t ( also possible the EA was lying but less likely than the owner lying in my opinion).

I think we all get a bit overwhelmed with the house buying process and don’t understand what solicitors are saying half the time so it’s not just you 😂

Original poster

LightsOutHere · 16/04/2024 08:30

It’s true @Twiglets1 😂 I can be quite naive. My solicitor had to tell me to take what solicitors say with a pinch of salt. Thanks for your comment

OP posts:

HappiestSleeping · 16/04/2024 08:39

Your other option would be to say to the EA that your offer stands, but that you know the process of registration has not been started. You will look for another property on the basis that you believe it unlikely that the seller can get all this done and complete to your time frame. If they are able to, and you have not found anything else, then happy days. If you have found something else, you'll be buying that instead.

That way, it is less confrontational, however you are setting out your stall. I think it unlikely that they'll be able to get it registered in a short space of time, but one never knows.

Original poster

LightsOutHere · 16/04/2024 17:22

Hi again guys

Tbh I’m so desperate for the property I’m wondering whether I should hold out?

I’ve seen that HM Land registry has a fast track service if there is a sale agreed (need to provide evidence).

I’ve asked the EA to see if this can be arranged for me to proceed with the sale. They said they will check and get back to me.

But my extended family is saying don’t trust the vendor and to just pull out.

Heres the link for the fast track:
https://www.gov.uk/guidance/request-an-expedite

What do you think?

I can’t seem to make a decision 😩

Request an expedite

Ask HM Land Registry to fast track your application.

https://www.gov.uk/guidance/request-an-expedite

OP posts:

Original poster

LightsOutHere · 16/04/2024 17:44

Bump

OP posts:

HappiestSleeping · 16/04/2024 19:07

I would still be pushing

PointyMcguire · 16/04/2024 19:12

As others have said I’d be worried about what other corners have been cut given such a massive oversight. Personally I’d walk away!

WoolyMammoth55 · 16/04/2024 19:26

Hi OP, when PPs are saying that not registering the house is a big oversight, and mentioning "other corners might have been cut", I assume they mean:

did the vendor also forget to get planning permission for the house?
did they forget to get building regulations approvals while the house was being built?
did they draw up the deeds accurately to reflect the exact boundary lines between the new house and the old one? If not then it might turn out you'd be trespassing to get to your front door...
did they forget certificates of safety for the gas and electric installation?

If you wanted you could ask the EA and your solicitor to confirm all of this with you before deciding what to do next.

If they "forgot" any of the things above then the house might not be safe for you and your family, which is pretty much the most important thing... It could also devalue it when you come to sell on, which could leave you and your kids in a bad situation.

Building a house is a big deal and there's lots of admin to get right to make it safe, which is why the lack of registration is a red flag for some people.

You have to weigh up the risk but hopefully your solicitor can be your ally and make sure you're not left worse off by proceeding.

Best of luck!

DelphiniumBlue · 16/04/2024 19:41

Take advice from your solicitor, not the estate agent.
If the house is newbuild, you would need to see appropriate building regulation consents and planning permission in place, as well as a new title registration.
I can imagine that if the sellers have been dealing with the practicalities of building a new house, they may not have got around to separating the title, but that needs to be done now, and they need to pay for it to be expedited.

The TP1 ,which is the transfer of part form, should state clearly what land has is being sold off, and should grant any appropriate rights ( eg of drainage and access) over the existing land. OCEs are Office Copy entries of the Land registry title - so your solicitor is comparing( or asking you to compare) the old title against the new house and garden, and there should be a plan attached, detailing boundaries and any particular covenants. Your solicitor will not have seen the plot itself, so you need to make sure the plan reflects what you understand to be the extent of the property, including the garden.
I have acted on transfers like these previously, and I would always get the client in to the office to go through the paperwork in detail, in person.
My feeling about all this is that your solicitor is not explaining properly - they should be advising you about how to proceed, and what the pitfalls might be.

INeedAnotherName · 16/04/2024 22:14

Hi OP, when PPs are saying that not registering the house is a big oversight, and mentioning "other corners might have been cut", I assume they mean:

Well...no. Yes your points are valid and should certainly get looked into more but my concern about cutting corners was more to do with the build. Did they use the correct ratios for the mortar, are the roof supports the correct size and strength, did they go for cheap but crap materials rather than decent ones, did they dig deep enough for the foundations, what about insulation, etc etc. If they can't be bothered to register the property before putting up for sale then what else couldn't they be bothered to do?

MountCaramel · 17/04/2024 07:16

I would pull out of the sale because the house isn't registered and these procedures always take time to complete.

Another reason for pulling out is if the property doesn't meet all the requirements for new build registration then you'll be in a difficult situation.

I wouldn't waste my time & money on this house. The vendors should have done this before putting their house on the market. This is their responsibility, not yours.

HappiestSleeping · 17/04/2024 07:21

INeedAnotherName · 16/04/2024 22:14

Hi OP, when PPs are saying that not registering the house is a big oversight, and mentioning "other corners might have been cut", I assume they mean:

There are some really good points in here.

Whatevershallidowithmylife · 17/04/2024 07:26

I would check on the planning portal if there is planning permission and completion certificate in place before you make any decisions.

Crucible · 17/04/2024 07:32

Having read all wise Mumsnet advice in this thread and others, on balance, and even allowing for how much you want the house, I would still walk.away. Buy in haste repent at leisure.

kelsaycobbles · 17/04/2024 07:41

You will need to find somewhere to rent if you must be in the new area in the next 4 months - it is unrealistic to think you can find somewhere and complete by the end of July

Uncooperativefingers · 17/04/2024 07:45

How long does the fast track process take?

If you are on a time crunch then surely that is key. Eg I can't imagine it's going to reduce an 18mo timescale to 1 month!

I think the advice to be clear that your offer still stands, and you still want the house, but you are going to start looking at other things is a good one. Really stress that the vendor can't actually sell at the minute, so he isn't proceedable. Remember, the vendor/EA has already pulled a similar trick with you, when they said they would pull out unless you hurried up your solicitor with the docs.

The EA just wants to get the sale out of the way asap. Make them work for their money, it's their job!

Uncooperativefingers · 17/04/2024 07:47

Although, actually I would walk away. But my advice above is after you said you really want the place.

Make sure you get proof that the fast track has been applied for, not the normal process as well. Don't be tricked by holding on for "just one more month" for the whole 18

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