received this today can anyone help

paul1988

A section 106 agreements is a mechanism which makes a development proposal acceptable in planning terms, that would not otherwise be acceptable. They are focused on site specific mitigation of the impact of development. S106 agreements are often referred to as 'developer contributions' along with highway contributions and the Community Infrastructure Levy.

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As this is registered as a land charge against the property it must be produced in all circumstances and is standard practice in all Conveyancing transactions. Please note that I also act for your mortgage lender and they would not agree to release the funds unless all documents relating to the property are indeed produced. The sellers solicitors will be fully aware this is the case. !

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This however is not the only issue outstanding.The Builder usually agrees to complete the construction of the estate road and the sewers and drains serving the Property to standards requires by the Local Authority to enable them to be adopted. However in the Lease supplied there is no such provision for this arrangement, I have requested further information from the sellers solicitors and to date they have rectified this.

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This means that you can be called upon to contribute towards the maintenance, upkeep and upgrading of the roads, drains and sewers. Again until this is resolved your mortgage lender would not release the mortgage advance.

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I am chasing the sellers solicitors for a full update and for the outstanding issues to be rectified as it has now been some time since these issues were raised with them.

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Bit worried with this whole this as I was told a mortgage company will only hold a mortgage offer for 3months.

many thanks

Thrugelmir

paul1988 wrote: »

I am chasing the sellers solicitors for a full update and for the outstanding issues to be rectified as it has now been some time since these issues were raised with them.

They won't speak to you directly. You'll need to converse through your solicitor.

paul1988

Hi there thanks for the reply that is from my solicitor,the builders surprisingly carnt find the s106 and are in no rush to reply to my solicitor he raised the enquiries on 30/09/2014.

what I would like to know is,is all this gunna affect my mortgage and me completeing my purchase.

many thanks

Thrugelmir

Then you need to threaten to pull out. Give a deadline. There's nothing you can do to change the situation.

Annisele

Yes, it will affect your mortgage. The solicitor is telling you that the lender won't release funds unless the paperwork is in place. So, without the paperwork, you won't get a mortgage from your current lender.

It's likely that other lenders will have the same problem with the missing paperwork - which means that other buyers will have the problem too. Very much in your sellers' interests to resolve this!

stator

I'm a bit surprised about the unadopted roads/sewers issue. There are many housing estates with such facilities and it doesn't stop you getting mortgages.
You could check on your council's website for the planning application. Sometimes they will update the planning application documents when the S106 has been discharged.

paul1988

Is the bit I dont get,I found the S106 on my councils website offered to send it to my solicitor he was having none of it,hes bin funny on what he takes off me,maybe that way he earns abit more.

now the sellers solicitors have surprisingly looked for the S106 and can only find one from 1997,think there delaying it to keep road closed tbh,all but 1 house has gone on the little culdisac.

just majorly worried there gunna mess about too much and the banl pull out,I thought all this would be done before putting it up for sale.

many thanks

Yorkie1

stator wrote: »

I'm a bit surprised about the unadopted roads/sewers issue. There are many housing estates with such facilities and it doesn't stop you getting mortgages.

I think the OP's issue is that the lease doesn't contain the clauses found in most situations to enable the lender to happy to lend.

paul1988 wrote: »

Is the bit I dont get,I found the S106 on my councils website offered to send it to my solicitor he was having none of it,hes bin funny on what he takes off me,maybe that way he earns abit more

many thanks

Solicitors have to use properly investigated and validated documents. There's no guarantee that what you find is the correct version. I doubt they're doing it for their bottom line.

paul1988

Heres to hoping this is the final part,can anyone shed a light on this I.e if sending me he forms to sign is a good thing??


The sellers solicitors have just email me over various documentation which I will be going through this afternoon/tomorrow!morning. Should there be any further issues I will of course let you know. !

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I will be posting you all the necessary paperwork out for signing in the hope of now being able to exchange and complete in the very near future.

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Regards

many thanks

stator

Sounds good to me

paul1988

A quick update from yesterday

Everything is pretty much sorted, !the sellers solicitors now simply await a couple of documents from the Council which are required before being able to complete, as these give their consent to the sale in accordance with the affordable housing provisions. I am hoping the necessary certificates will be issued any day now and will continue to chase the other side.

Once the council confirm the necessary certificate will indeed be issued allowing the sale to complete a date can be agreed.

As soon as I do have any additional information I will of course let you know.
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Regards

do I get giddy and start carpet shopping lol.

many thanks