Can I claim under Section 75 for a land purchase?

matttye

A court may decide in your favour on the balance of probabilities if you can show you only bought the land to develop with.

POPPYOSCAR

matttye wrote: »

A court may decide in your favour on the balance of probabilities if you can show you only bought the land to develop with.

Cannot see this myself.

matttye

POPPYOSCAR wrote: »

Cannot see this myself.

Let's say the OP has plans/blueprints for the development. That would be a pretty good indication he/she intended to develop on the land and questions about planning permission would've been pertinent.

pvt

matttye wrote: »

Let's say the OP has plans/blueprints for the development. That would be a pretty good indication he/she intended to develop on the land and questions about planning permission would've been pertinent.

Very little prospect I suggest.

If one has paid £25k for a trenche of land that is worth £2k without planning permission and worth £200k with planning permission, the court would decide that the plaintif knew exactly what the risk/reward involved was.

Simple question: If the buyer as claiming the vendor told them that PP was a dead cert, why in God's name would they have sold it for a small fraction of it's potential value?

I'm off to William Hill now to put £500 on 'pot of glue' in the 2:45. If it doesn't win then I'll sue them for misrepresentation.

matttye

pvt wrote: »

Very little prospect I suggest.

If one has paid £25k for a trenche of land that is worth £2k without planning permission and worth £200k with planning permission, the court would decide that the plaintif knew exactly what the risk/reward involved was.

Simple question: If the buyer as claiming the vendor told them that PP was a dead cert, why in God's name would they have sold it for a small fraction of it's potential value?

I'm off to William Hill now to put £500 on 'pot of glue' in the 2:45. If it doesn't win then I'll sue them for misrepresentation.

I may have misunderstood what was being said; I thought the OP was saying planning permission had already been obtained by the seller and would simply be transferred to the OP when the land was purchased.

Don't really know much about this subject

POPPYOSCAR

matttye wrote: »

Let's say the OP has plans/blueprints for the development. That would be a pretty good indication he/she intended to develop on the land and questions about planning permission would've been pertinent.

Still do not agree.

He could have asked them the question 'Do you think I could get planning permission' and they might have said 'possibly' he could of then gone ahead and got plans drawn up etc.- this proves nothing.

CKhalvashi

matttye wrote: »

I may have misunderstood what was being said; I thought the OP was saying planning permission had already been obtained by the seller and would simply be transferred to the OP when the land was purchased.

Don't really know much about this subject

I thought this too.

I'm in the same boat that I don't know much about planning laws, as I'm not on planning, however I did buy my property with planning permission for an extension/workshop, but that's a different case, as the house was already built.

I feel that on the basis of my understanding, this should hold up in court, but I can't be sure, as I don't know the ins/outs.

CK

pvt

Matt,

The value of a parcel of land varies dramatically on whether it has planning permission granted by the local authority to build a house or houses on it. A small field where there is no hope of ever being granted PP might be worth £3,000. Good value if you want to keep your pony there. That same field WITH PP to build 20 houses might be worth £3,000,000.

If I buy that land for £100,000 thinking "I stand a good chance of getting PP and thus making a 3000% profit", then I am gambling.

If the seller tells me there is a good chance of PP being granted, I would ask myself "well why doesn't he apply for the PP, and when he gets it he can sell the land for £3,000,000?"

And any prudent buyer would pay a valuer to value the land being purchased. And the valuer would say "this land is worth £3,000 and in my expert opinion there is absolutely FA chance you'll get PP on it". Of course if the valuer says there's a good chance you'll get PP, and you subsequently can't, then you can sue him for his incompetence.

Whereas if the seller says there's a good chance you'll get PP, then the best you can hope for is a nice letter from him saying he's obviously surprised and disappointed for you that he was wrong.

POPPYOSCAR

daisy2013 wrote: »

Thank you everyone for your comments.

My purchase was for a plot of land which I agreed to buy on the basis of a spoken assurance from the company that I would obtain planning permission for the plot. Some time later I was dissapointed to discover that I was unlikely to ever get planning permission to develop the land.

The agreement was made in my name and I used my credit card to pay a deposit of £5000, I then transferred the balance of £20,000 from my bank account. I understand that verbal misrepresentation have to be considered when claiming under Section 75, and this company told me I would deffinately obtain planning permission. This is clearly not the case and I am stuck with this plot. Has or Is anyone in a similar situation?

This is not the same as land sold 'with planning permission'. Land sold with planning permission has already had it granted by planning.

pvt

Daisy,

Exactly as Poppy says.

The company selling the land isn't granting the PP so how could they offer that guarantee?

Of course the legal conveyancing experts that you would always engage when you are conducting a transaction like this would have told you that. If they didn't then you might have grounds to sue them.