Exchanged contracts, discovered seller not been tranparent
Discussion
Tricky. The OP is in a tough position because he can't show that the plant will go ahead, just that it might, and because it might, he's got cold feet.
Got to take a long term view though. Is it going to be one of the properly stinky waste plants? If so, I'd also back away, because the local Env Agency may be weak and feeble at enforcement. See below.
I have a business unit nearby, and a pleasant Summer day is often anything but pleasant.
Got to take a long term view though. Is it going to be one of the properly stinky waste plants? If so, I'd also back away, because the local Env Agency may be weak and feeble at enforcement. See below.
Wobbegong said:
The company will probably win the appeal. We had similar in Hatch Warren near Basingstoke, a company wanted to build an anaerobic digestion plant.
Despite residents trying to stop it, it went ahead.
Despite the council promising it wouldn't smell and there wouldn't be lots of lorries racing through the residential streets each day, it stinks and there are lots of lorries racing through the residential streets each day.
Glad we moved!
See here, too: http://www.cambridge-news.co.uk/news/cambridge-new...Despite residents trying to stop it, it went ahead.
Despite the council promising it wouldn't smell and there wouldn't be lots of lorries racing through the residential streets each day, it stinks and there are lots of lorries racing through the residential streets each day.
Glad we moved!
I have a business unit nearby, and a pleasant Summer day is often anything but pleasant.
Sounds like your sellers are real low life s
ts. Wonder why they were selling? There was only one reason!
First thing Minday INSTRUCT your solicitors to halt the purchase, advise your mortgagees of the situation - doubtless they would not have approved the loan as the valuation would not be met and state they refuse to allow it.
Get your solicitors to cancel the contract, ask for the return of your deposit which will be in TP solicitors client account. It looks like your solicitors will be able to cite several recent cases of similar deceptions - get them to quote these and state you will chase the third party for your legal and costs so far or alternatively they can agree to quietly withdrawing from the contract. I think your solicitors need to go in hard and I think they should do so knowing full well this could have legal/cost implications for them which might make them pull their finger out. If they need specialist advice from a barrister whose specialism is in this field suggest they do so rapidly and at their own cost.
If you proceed with the purchase you will hate being there, you will potentially have years of stress with appeals and counter campaigns, years of traffic, smells and being unable to sell and a much reduced value. DONT DO IT! The seller will know they are on very dodgy ground and won't want to risk the high likelihood of legal action and high likelihood of losing. They will not sue you for withdrawing for this very reason!
I hope you are keeping hard copies of all the evidence. Do you have legal cover on your home insurance - if so use it quickly to get a specialist involved.
Very good luck to you and yours!
ts. Wonder why they were selling? There was only one reason!First thing Minday INSTRUCT your solicitors to halt the purchase, advise your mortgagees of the situation - doubtless they would not have approved the loan as the valuation would not be met and state they refuse to allow it.
Get your solicitors to cancel the contract, ask for the return of your deposit which will be in TP solicitors client account. It looks like your solicitors will be able to cite several recent cases of similar deceptions - get them to quote these and state you will chase the third party for your legal and costs so far or alternatively they can agree to quietly withdrawing from the contract. I think your solicitors need to go in hard and I think they should do so knowing full well this could have legal/cost implications for them which might make them pull their finger out. If they need specialist advice from a barrister whose specialism is in this field suggest they do so rapidly and at their own cost.
If you proceed with the purchase you will hate being there, you will potentially have years of stress with appeals and counter campaigns, years of traffic, smells and being unable to sell and a much reduced value. DONT DO IT! The seller will know they are on very dodgy ground and won't want to risk the high likelihood of legal action and high likelihood of losing. They will not sue you for withdrawing for this very reason!
I hope you are keeping hard copies of all the evidence. Do you have legal cover on your home insurance - if so use it quickly to get a specialist involved.
Very good luck to you and yours!
gfgdfgergq said:
CAPP0 said:
Are you mortgaging it? Would the Building Soc have an interest in a potential devaluation of the property in the near future? Worth raising with them too?
Sabotage our own mortgage? It's an option. But we'd still be on the hook for the contract if they pull the lending. I think this is a question for the solicitor Monday morning...I was an Estate Agent many years ago and one property developer often failed to complete on time. The sale nearly always went through when his money finally arrived, without penalty IIRC. Most times it completely wrong footed the vendors solicitor as it's so rare.
I believe you may have the option not to complete (when contracted) as a shot across the bows and as a negotiating tactic with the vendor. You would need to confirm with your solicitor but my understanding is that the contract is initially still valid if you fail to complete. They then have to serve you notice to complete and it's a fairly drawn out process, during which time you can send the money over and complete if it gets too messy.
At least it would focus their minds and put you in the driving seat.
I believe you may have the option not to complete (when contracted) as a shot across the bows and as a negotiating tactic with the vendor. You would need to confirm with your solicitor but my understanding is that the contract is initially still valid if you fail to complete. They then have to serve you notice to complete and it's a fairly drawn out process, during which time you can send the money over and complete if it gets too messy.
At least it would focus their minds and put you in the driving seat.
Heres Johnny said:
OP knew about the planning application and knew it had been rejected? Since then, either before or after signing it’s been appealed? Theyve still not won the appeal. And it’s 150m away, depending where you live there could be 20 other houses between the house and it, it’s like appealing to stop a primary school being closed. Lots of contextand subtlety missing.
And its more than possible the property price reflected the situation.
Find out how strong the Council will be defending their decision to refuse the planning application And its more than possible the property price reflected the situation.
Go to the local library and look at the Planning Committee minutes recently to see when the Inspectors are going to conduct the Hearing
gfgdfgergq said:
They left that section blank (implying nothing to be aware of).
Form completed week after appeal made public. See earlier posts - if we give BOD and assume they were unaware at time of declaration - does that get them off the hook? Maybe, if their obligation is only to be honest at time form is signed and anything in 6 weeks after that leading up to exchange is our hard luck.
The form is a tick box yes or no so if they had not ticked either one I would say that should have sounded alarm bells somewhere, maybe the solicitor is remiss in not pointing it out to youForm completed week after appeal made public. See earlier posts - if we give BOD and assume they were unaware at time of declaration - does that get them off the hook? Maybe, if their obligation is only to be honest at time form is signed and anything in 6 weeks after that leading up to exchange is our hard luck.
carreauchompeur said:
I think there's a clear case of misrepresentation on the part of the vendor. Why put yourself through worrying if the plant will/won't be built? You know exactly why they've sold. Don't make it your problem. Go in hard, cancel the sale.
You are probably right but the issue is that the OP knew that planning had been applied for and refused. There is always a high probability that a refusal will be followed by an appeal so you could conclude that the OP should have been aware that an appeal would be made at some stage.It's not as clear cut as some think.
Why would the OP have to assume or have knowledge of the fact that an appeal was possible? Is that not the point of professional advice - to be informed of aspects of house purchasing that he/she might not be aware of?
Notwithstanding that - the crux of the matter imo is that the seller knew an appeal had been lodged, and omitted to tell his solicitor, or did and they kept quiet. In either event this put the OP in a disadvantaged position.
Notwithstanding that - the crux of the matter imo is that the seller knew an appeal had been lodged, and omitted to tell his solicitor, or did and they kept quiet. In either event this put the OP in a disadvantaged position.
essayer said:
The form is a tick box yes or no so if they had not ticked either one I would say that should have sounded alarm bells somewhere, maybe the solicitor is remiss in not pointing it out to you
Yup, seems likely they didn't give it due attention. Box was entirely blank and no questions asked.elanfan said:
Sounds like your sellers are real low life sts. Wonder why they were selling? There was only one reason!
First thing Minday INSTRUCT your solicitors to halt the purchase, advise your mortgagees of the situation - doubtless they would not have approved the loan as the valuation would not be met and state they refuse to allow it.
Get your solicitors to cancel the contract, ask for the return of your deposit which will be in TP solicitors client account. It looks like your solicitors will be able to cite several recent cases of similar deceptions - get them to quote these and state you will chase the third party for your legal and costs so far or alternatively they can agree to quietly withdrawing from the contract. I think your solicitors need to go in hard and I think they should do so knowing full well this could have legal/cost implications for them which might make them pull their finger out. If they need specialist advice from a barrister whose specialism is in this field suggest they do so rapidly and at their own cost.
If you proceed with the purchase you will hate being there, you will potentially have years of stress with appeals and counter campaigns, years of traffic, smells and being unable to sell and a much reduced value. DONT DO IT! The seller will know they are on very dodgy ground and won't want to risk the high likelihood of legal action and high likelihood of losing. They will not sue you for withdrawing for this very reason!
I hope you are keeping hard copies of all the evidence. Do you have legal cover on your home insurance - if so use it quickly to get a specialist involved.
Very good luck to you and yours!
Thanks, sounds like a good plan.ts. Wonder why they were selling? There was only one reason!First thing Minday INSTRUCT your solicitors to halt the purchase, advise your mortgagees of the situation - doubtless they would not have approved the loan as the valuation would not be met and state they refuse to allow it.
Get your solicitors to cancel the contract, ask for the return of your deposit which will be in TP solicitors client account. It looks like your solicitors will be able to cite several recent cases of similar deceptions - get them to quote these and state you will chase the third party for your legal and costs so far or alternatively they can agree to quietly withdrawing from the contract. I think your solicitors need to go in hard and I think they should do so knowing full well this could have legal/cost implications for them which might make them pull their finger out. If they need specialist advice from a barrister whose specialism is in this field suggest they do so rapidly and at their own cost.
If you proceed with the purchase you will hate being there, you will potentially have years of stress with appeals and counter campaigns, years of traffic, smells and being unable to sell and a much reduced value. DONT DO IT! The seller will know they are on very dodgy ground and won't want to risk the high likelihood of legal action and high likelihood of losing. They will not sue you for withdrawing for this very reason!
I hope you are keeping hard copies of all the evidence. Do you have legal cover on your home insurance - if so use it quickly to get a specialist involved.
Very good luck to you and yours!
We'll see what they say tomorrow.
Durzel said:
Why would the OP have to assume or have knowledge of the fact that an appeal was possible? Is that not the point of professional advice - to be informed of aspects of house purchasing that he/she might not be aware of?
Notwithstanding that - the crux of the matter imo is that the seller knew an appeal had been lodged, and omitted to tell his solicitor, or did and they kept quiet. In either event this put the OP in a disadvantaged position.
As has been posted by another member, is 120m away counted as nearby? The appea issue could be the OPs solicitor's failure, not the vendor.Notwithstanding that - the crux of the matter imo is that the seller knew an appeal had been lodged, and omitted to tell his solicitor, or did and they kept quiet. In either event this put the OP in a disadvantaged position.
I'm playing devils advocate here and just pointing out that it's possibly not as clear as some may think.
garyhun said:
Shappers24 said:
That form is quite ambiguous though. The site is 120metres away so is that classed as 'nearby'..?! The owner probably wouldn't have been notified by the planning authority directly of the planning application given the distance.
Very true.Shappers24 said:
That form is quite ambiguous though. The site is 120metres away so is that classed as 'nearby'..?! The owner probably wouldn't have been notified by the planning authority directly of the planning application given the distance.
Nearby is a relative term, for this planned plant, I would say it is 'nearby'. Also, leaving it blank is not an option that I think the buyers' solicitor should have accepted. Also, the OP understands from neighbours that they DID know.
gfgdfgergq said:
Thanks, sounds like a good plan.
We'll see what they say tomorrow.
I don't think that sounds like a good plan. If I were acting for the sellers the deposit wouldn't be going anywhere. Again, be very wary of accepting legal advice from those that are not qualified to give it! I would be interested to know why your solicitor didn't press for a response to the unanswered question. My gut instinct is you have a better chance of making a claim against your solicitor than successfully rescinding the contract.We'll see what they say tomorrow.
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