Does this sound ridiculous

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Discussion

GarryDK

Original Poster:

5,670 posts

158 months

Friday 11th July 2014
quotequote all
I am having issues with this guy buying my flat, we are at the point where we are ready to exchange on the property, but there is a liability on a 106 agreement. This has been going on for a couple of weeks now so I’ll give you the short of it (hopefully).

Basically when my development was built the council told my developers that they had to keep 26 trees, in the area. If these trees were removed a penalty of £250 per tree would have to be paid by the developers, bringing a total liability of £6500. If in the unlikely event that the developers go bust (the developers are Crest Nicholson) this liability would then have to be paid by the home owners. There are 58 properties total on the development meaning £112.06 per property would have to be paid if all the trees were removed.

The Mr X (guy buying my property) wants me to leave the sum of £2500 with my solicitor to cover the indemnity. Which is quite frankly ridiculous. My solicitor thinks so too. But he and his solicitor are not backing down, and will not give any indication as to where this sum of £2500 is coming from. So far I’m not backing down either, I’ve said as a good will I will leave £115 with my solicitors to over that flats indemnity which quite frankly I feel as very generous.

Now I am at a situation where I don’t know what to do. Has anyone had any experience in this?

hornetrider

63,161 posts

205 months

Friday 11th July 2014
quotequote all
Sounds bonkers. What's the market like where you are? I'd just say fk it and remarket it frankly.

GarryDK

Original Poster:

5,670 posts

158 months

Friday 11th July 2014
quotequote all
Well that is an option, the market is ok. The flats are selling but the problem is I don’t want to lose the house I am buying, we have got it for a steal and it’s in a great area. The other option I do have is to keep the flat and rent it.

hornetrider

63,161 posts

205 months

Friday 11th July 2014
quotequote all
Just say you won't entertain such a ridiculous clause and it's up to them if they want it or not. Put the ball in their court.

vescaegg

25,529 posts

167 months

Friday 11th July 2014
quotequote all
Unless you are really really really desparate OP, back on the market ASAP.

If the buyer even slightly wants it, they will back down.

Dont play around with this clown.

Crest will not go bust for 1, and almost 25 times the amount you would ever have to pay is hilarious for 2.

Lost soul

8,712 posts

182 months

Friday 11th July 2014
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As you say you can rent it out that's what i would do

mgtony

4,019 posts

190 months

Friday 11th July 2014
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For how many years would you have to leave that amount with a solicitor? confused

GarryDK

Original Poster:

5,670 posts

158 months

Friday 11th July 2014
quotequote all
mgtony said:
For how many years would you have to leave that amount with a solicitor? confused
Indefinitely or until they sell the property on.

HereBeMonsters

14,180 posts

182 months

Friday 11th July 2014
quotequote all
As they've already fked you around on the deal initially, if you can buy the new place without having to sell this one - do it. Mrs HBM's parents can give you some pointers on renting it out!

Or put it back on the market, if it's priced right, it'll sell quickly.

GarryDK

Original Poster:

5,670 posts

158 months

Friday 11th July 2014
quotequote all
Well, I've given them my ultimatum we shall see what they come back with. I'll keep you updated.

5potTurbo

12,523 posts

168 months

Friday 11th July 2014
quotequote all
GarryDK said:
Well, I've given them my ultimatum we shall see what they come back with. I'll keep you updated.
Good luck.
Sounds like the purchasers and their solicitors are cocks. Leave them £115 as goodwill!

Speak to the sellers you're dealing with as it seems you've already been delayed unnecessarily, and stress to them that you're not holding them up. They may well understand and be patient, but not if they're not kept informed.

Wozy68

5,390 posts

170 months

Friday 11th July 2014
quotequote all
vescaegg said:
Unless you are really really really desparate OP, back on the market ASAP.

If the buyer even slightly wants it, they will back down.

Dont play around with this clown.

Crest will not go bust for 1, and almost 25 times the amount you would ever have to pay is hilarious for 2.
This ^^^^^^^^

GarryDK

Original Poster:

5,670 posts

158 months

Friday 11th July 2014
quotequote all
Just found out that there is actally 71 properties on the development. So the actual liablity is £91.54 per propery. Crazy, anyway still waiting.

scenario8

6,558 posts

179 months

Friday 11th July 2014
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There are so many cretins out there, aren't there? I can't believe (actually I can) between you, your agent and your respective solicitors this hasn't been sorted. What's the guy's motivation? Is it simply he's a numpty? I can understand, indeed witness regularly, buyers dicking around looking for ways to price renegotiate but this is just odd.

Best of luck.

52classic

2,511 posts

210 months

Friday 11th July 2014
quotequote all
Couldn't your solicitor sell you (for them) an indemnity policy against the risk of Crest or all of the other homeowners going broke?


Hackney

6,828 posts

208 months

Friday 11th July 2014
quotequote all
GarryDK said:
Well that is an option, the market is ok. The flats are selling but the problem is I don’t want to lose the house I am buying, we have got it for a steal and it’s in a great area. The other option I do have is to keep the flat and rent it.
How much of a steel? If it's more than £2,500 suck it up.

The Moose

22,845 posts

209 months

Friday 11th July 2014
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A bit of a bizarre one if you ask me.

THX

2,348 posts

122 months

Friday 11th July 2014
quotequote all
Practice your serious face and learn how to say 'Don't be so fking stupid' in as threatening a tone you can manage.

Maxf

8,408 posts

241 months

Friday 11th July 2014
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How long does the £2500 have to sit with your solicitor for? Indefinitely?

In the spirit of getting the deal done, try and find out how he got to £2500 and go from there.

anonymous-user

54 months

Friday 11th July 2014
quotequote all
Sounds like a dick, talks like a dick, must be a dick.

Offer the £115 and give it a week and then pull out. This will leave him with a loads of cost which will definitely be more than £115.