Selling a plot of land with planning

nicolemma

I was selling a plot of land (in my back garden) will full planning permission for a 3 bed detached dormer bungalow - I had a buyer and and at the contract stage she has pulled out....however I have an email from her stating she would cover my legal costs if she pulled out for any other reason than there being a problem with the plans or the title - her excuse now is her Dad has withdrawn the funds he was willing to lend her to build the property.

Where do I stand on this? Help needed as I now have a £1,500 bill with no sale!!

andy.m_2

You are up a certain creek and without a paddle.

Chances of this person making good on her email are slim to none.

This is the beauty of the english conveyencing system.

eddddy

Hi nocolemma

If she agreed to pay your legal costs in these circumstances, then she has to pay your legal costs.

As a first step, send a copy of the relevant email to your solicitor and ask him/her to request payment from the buyer's solicitor. (Assuming the email agreement is clear, the buyer's solicitor should advise his/her client that they must pay you.)

But if the buyer refuses to pay or disputes that she agreed to pay, ultimately you would have to take legal action, and the court will decide whether she agreed or not, and therefore whether she has to pay.

(The court will look at the evidence and decide on the 'balance of probabilities' - you could say this is like deciding whose story sounds the most plausible.)

If you're in a similar situation again, make sure your solicitor knows of this type of agreement at the outset. Your solicitor can then get an indemnity from the buyer's solicitor, or insist that the fees are paid in advance.