Exchanged contracts, discovered seller not been tranparent

[anonymous-user]

surveyor said:

From your OP you read about the planning application saw it had been rejected and went ahead.

The appeal had been not been lodged so would not appear.

I think you are in the clear.

Seller has same get out. Appeal after exchange. Thought had won the battle

This might be one of those that falls between the cracks.

In what was is the OP in the clear?

[gfgdfgergq]

desolate said:

It is relevant but you will have to prove they knew about the appeal.

If they say 'we did all we could to stop the planning and we were so released but we weren't aware of an appeal' how will you prove they were?


Went to visit sellers today to have a conversation. They were out, but we chatted to the lovely neighbours who invited us in for a cup of tea. They were up front about discussing the appeal back in early July with the sellers. All residents were leafleted and on their action group mailing lists too. Neighbours incidentally planning to move out now because they can't take the stress of a successful appeal by the company. Fun times.

desolate said:

I'd be getting the solicitor to halt the sale so they have to sue you rather than you sue them.

A risky strategy though..

[anonymous-user]

Good luck with it OP, it does sound like a nightmare

Do emphasise that you know that the buyers knew and were behaving very shoddily by not mentioning it... that they look like bandits

[anonymous-user]

gfgdfgergq said:

A risky strategy though..

Definitely.

In my opinion preferable to moving in and facing the possibility of a waste site at the end of the road.
And being in expensive legals with the vendor.

Sounds like they need to be told that they have misrepresented and invited to sue you for breach of contract If they disagree.

[gfgdfgergq]

surveyor said:

From your OP you read about the planning application saw it had been rejected and went ahead.

The appeal had been not been lodged so would not appear.

I think you are in the clear.

Seller has same get out. Appeal after exchange. Thought had won the battle

This might be one of those that falls between the cracks.

This gets the solicitor off the hook because it fell between the cracks in term of the searches. Appeal was lodged after searches but before contract signing.

Seller does not have this get out - they knew 4-6 weeks before exchange!

[gfgdfgergq]

JPJPJP said:

Good luck with it OP, it does sound like a nightmare

Do emphasise that you know that the buyers knew and were behaving very shoddily by not mentioning it... that they look like bandits

Thanks, we will.

Behaving shoddily indeed!

[Sheepshanks]

There might be useful stuff in this thread: https://www.pistonheads.com/gassing/topic.asp?h=0&...

[anonymous-user]

gfgdfgergq said:

This gets the solicitor off the hook because it fell between the cracks in term of the searches. Appeal was lodged after searches but before contract signing.

Seller does not have this get out - they knew 4-6 weeks before exchange!

Did they know about the appeal when they completed the declaration?

[gfgdfgergq]

desolate said:

Did they know about the appeal when they completed the declaration?

Residents were emailed to inform them of the appeal a few days before declaration form was signed. If we assume sellers did not read email, and did not speak to neighbours, and did not see their post with appeal leaflet that week.....then they were unaware at time of declaration. I find this VERY hard to believe given what neighbours said today about their communication.

But let's assume they were unaware. Do they not have an obligation to update estate agent or solicitor post declaration, or is it a line in the sand at that point in time?

[gfgdfgergq]

Sheepshanks said:

There might be useful stuff in this thread: https://www.pistonheads.com/gassing/topic.asp?h=0&...

Thanks, seems like they got a good outcome.

[Pica-Pica]

gfgdfgergq said:

surveyor said:

From your OP you read about the planning application saw it had been rejected and went ahead.

The appeal had been not been lodged so would not appear.

I think you are in the clear.

Seller has same get out. Appeal after exchange. Thought had won the battle

This might be one of those that falls between the cracks.

This gets the solicitor off the hook because it fell between the cracks in term of the searches. Appeal was lodged after searches but before contract signing.

Seller does not have this get out - they knew 4-6 weeks before exchange!

I feel the solicitor should have advised there may be an appeal. A large percentage of planning applications are appealed if rejected.

[anonymous-user]

gfgdfgergq said:

But let's assume they were unaware. Do they not have an obligation to update estate agent or solicitor post declaration, or is it a line in the sand at that point in time?

They have an obligation to answer any questions truthfully and to ensure any statement they make is correct.
As far as I am aware that's it.

[Shappers24]

Something isn't right with the timeline here. Applicants for planning applications have to notify of a planning appeal within 6 months of the decision notice being issued, which if you said was last year then would have had to been before June.

I also doubt with it being so close to residential properties would be operating 24 hours a day. Have you got a link for the planning application from the councils website? The development may not be as bad as you suspect. Just because local residents kick up a stink doesn't mean it will be a problem...

[silentbrown]

gfgdfgergq said:

Thanks, seems like they got a good outcome.

They hadn't exchanged contracts.

I think a key bit would be what, if anything, the seller put on the TA6 form.

"If you give incorrect or incomplete
information to the buyer (on the Property Information Form (TA6) in writing or in
conversation, whether through your estate agent or solicitor or directly to the buyer), the
buyer may be able to make a claim for compensation or refuse to complete the purchase."

Good luck with this, OP: Hindsight is easy, but all this stuff should be available online in council planning files. You can quickly check for stuff like this before you even decide to view.

[gfgdfgergq]

Shappers24 said:

Something isn't right with the timeline here. Applicants for planning applications have to notify of a planning appeal within 6 months of the decision notice being issued, which if you said was last year then would have had to been before June.

I also doubt with it being so close to residential properties would be operating 24 hours a day. Have you got a link for the planning application from the councils website? The development may not be as bad as you suspect. Just because local residents kick up a stink doesn't mean it will be a problem...

Sorry, the decision notice was issued in January, and appeal lodged end of July.

The reason it was rejected by the council initially was due to the proposed 24hr operation, and the possible odour and noise so close to residential area. Perhaps the appeal will be successful because the company will 'prove' they will mitigate these issues. Obviously the residents have little faith that would actually happen..

I don't really want to link because it's an ongoing situation with regards to what we are going to do.

[gfgdfgergq]

silentbrown said:

They hadn't exchanged contracts.

I think a key bit would be what, if anything, the seller put on the TA6 form.

"If you give incorrect or incomplete
information to the buyer (on the Property Information Form (TA6) in writing or in
conversation, whether through your estate agent or solicitor or directly to the buyer), the
buyer may be able to make a claim for compensation or refuse to complete the purchase."

Good luck with this, OP: Hindsight is easy, but all this stuff should be available online in council planning files. You can quickly check for stuff like this before you even decide to view.

Thanks, since the declaration was left blank by the seller that might constitute incomplete information.

We did check council planning etc but didn't consider an appeal would happen. Seems no one else along the way thought they would mention this a possibility either !

Will see what solicitor says on Monday, I think they are panicking a bit for doing a rush job on this.

[Shappers24]

gfgdfgergq said:

Sorry, the decision notice was issued in January, and appeal lodged end of July.

The reason it was rejected by the council initially was due to the proposed 24hr operation, and the possible odour and noise so close to residential area. Perhaps the appeal will be successful because the company will 'prove' they will mitigate these issues. Obviously the residents have little faith that would actually happen..

I don't really want to link because it's an ongoing situation with regards to what we are going to do.

No problem. Was just interested in having a read through the statement of case; having spent over ten years working in planning dealing with a number of appeals... wanted to see whether they were chancing their arm or actually had a good case for appealing.

[gfgdfgergq]

Shappers24 said:

No problem. Was just interested in having a read through the statement of case; having spent over ten years working in planning dealing with a number of appeals... wanted to see whether they were chancing their arm or actually had a good case for appealing.

Can I email/PM you?

[Shappers24]

Yeah drop me a PM no problem!

[gfgdfgergq]

Sorry, not sure how I do that - new to PH.
In your bio says you don't accept email.