Is my buyer serious?

AH1509

Hi all.
This is my fourth thread in recent weeks, seems nothing is panning out how I expected. Maybe Karma not sure. I am in process of selling my property, 3rd buyer since July selling at lower price then wanted as just want rid. Buyers seem keen, apparantly have handed their notice im with their landlord to leave end of March 2019 (are FTB) but we have not yet exchanged. My solicitor ia ready our end to exchange but the buyers solicitor keeps dissappearing for days on end and keeps raising issues that the buyers have clarified (the EA was Ccd in to these emails). Cut a long story short they keep delaying the exchange with the same reasons and my solicitor is saying she doesnt know what else to tell them as they keep coming back about council land next to our property. So my property is next to a strip of council land that the previous owner fenced off within our garden to stop people dumping and causing mess into the property. We brought the property knowing this and kept the fence in the same place for the same reasons. I rang the council when I moved in and told them this they said fine they will come and inspect the propwryy and land but never turned up. Now we are selling we informed all agents and viewers of this issue and stated ita council land and ita fenced off to save sumping next to the property. This Is an issue already sorted with buyers in person and they have said they know the land is clearly not included on land registry documents. I have had my first buyer pull out when I couldnt give the said land with the property even they they were told in the first instance. My queation is what should I do? I have another party interested offwring £10k more than my current offer and are qilling to sign a document from the land registry totle showing full underatanding what land is included in sale and not. My current buyer says he underatands and is happy to purchase yet the soliciyors keep asking about the title of said land. Im so annoyed. Yes the fence is moving back asap. Is my current buyer wasting time regarding this land as what the buyer is telling me and EA is not matching what the sol is saying. Could be Karma. Could juat be life. Advice please?

middleclassbutpoor

Sounds like the solicitor has the issue with it rather than the buyers.

I think you need to place an ultimatum on the solicitor of if you don't exchange within 72hrs you are going to call the sale off (with a view of going to the other buyer). If you do this though, please fully consider the following thoroughly:

It could be a lender that is causing the issue which the Solicitor is also acting for as well as your buyer?

Just because a new buyer is willing to pay more, and is prepared to sign something that gives you peace of mind, it may not be legally binding so may not give you any more of a guarantee that the sale will complete.

Speak to your buyer first and explain what you are considering and ask them to call their solicitor and to talk to your solicitor (not write or email) to explain what the issue is.

If you do pull out -you could be months away again from moving.

Its not easy but completely understand why you are feeling frustrated by it all.

AH1509

Apologies for the spelling and grammatical errors posting from an Iphone and cannot see full screen. ��

eddddy

Was the buyer's lender's valuer clearly told where the boundary is, before or during their valuation visit?

If not, and the valuer valued the property as though it had a larger garden, it will have to be referred back to the valuer for a revaluation.

Could that account for the delay?

AH1509

Yes the valuation excluded the land. So not sure what the problem actually is ?

zagubov

AH1509 wrote: »

Hi all.
This is my fourth thread in recent weeks, seems nothing is panning out how I expected. Maybe Karma not sure. I am in process of selling my property, 3rd buyer since July selling at lower price then wanted as just want rid.

Buyers seem keen, apparantly have handed their notice im with their landlord to leave end of March 2019 (are FTB) but we have not yet exchanged. My solicitor ia ready our end to exchange but the buyers solicitor keeps dissappearing for days on end and keeps raising issues that the buyers have clarified (the EA was Ccd in to these emails).

Cut a long story short they keep delaying the exchange with the same reasons and my solicitor is saying she doesnt know what else to tell them as they keep coming back about council land next to our property.

So my property is next to a strip of council land that the previous owner fenced off within our garden to stop people dumping and causing mess into the property. We brought the property knowing this and kept the fence in the same place for the same reasons. I rang the council when I moved in and told them this they said fine they will come and inspect the propwryy and land but never turned up.

Now we are selling we informed all agents and viewers of this issue and stated ita council land and ita fenced off to save sumping next to the property. This Is an issue already sorted with buyers in person and they have said they know the land is clearly not included on land registry documents.

I have had my first buyer pull out when I couldnt give the said land with the property even they they were told in the first instance. My queation is what should I do? I have another party interested offwring £10k more than my current offer and are qilling to sign a document from the land registry totle showing full underatanding what land is included in sale and not.

My current buyer says he underatands and is happy to purchase yet the soliciyors keep asking about the title of said land. Im so annoyed. Yes the fence is moving back asap.

Is my current buyer wasting time regarding this land as what the buyer is telling me and EA is not matching what the sol is saying. Could be Karma. Could juat be life. Advice please?

Just paragraphing it so more people will read it.

Tiglet2

The Council will more than likely not ever sell you the land. You will not ever be able to take it by adverse possession. So, if this new buyer pulls out, make it easy for the next one. Put the fence back where it belongs, advertise the property as it should be without the land, and a new buyer will make an offer based on what you actually own with a title plan which matches the land shown on the ground. You have made the sale of the property difficult by moving the boundary, which has raised queries and unsettled your buyers and their solicitors.

One of the problems with fencing off land which you don't own is that the EA, when valuing your property, is not going to know that the boundary is wrong and may value the property higher than they would otherwise do without the additional land. The buyer's solicitor will look at the Land Registry documents, compare them with the sales particulars from the EA and will query why the title plan doesn't match. This problem really is of your own making.

Cakeguts

Move the fence back to where it should by so that there is no confusion about what is included.

AH1509

Tiglet2 wrote: »

The Council will more than likely not ever sell you the land. You will not ever be able to take it by adverse possession. So, if this new buyer pulls out, make it easy for the next one. Put the fence back where it belongs, advertise the property as it should be without the land, and a new buyer will make an offer based on what you actually own with a title plan which matches the land shown on the ground. You have made the sale of the property difficult by moving the boundary, which has raised queries and unsettled your buyers and their solicitors.

One of the problems with fencing off land which you don't own is that the EA, when valuing your property, is not going to know that the boundary is wrong and may value the property higher than they would otherwise do without the additional land. The buyer's solicitor will look at the Land Registry documents, compare them with the sales particulars from the EA and will query why the title plan doesn't match. This problem really is of your own making.

I understand what you are saying but the EA the surveyour and the viewers were ALL told about the land throughout, including the particulars of sale on rightmove etc.

We never enquired to buy the land even upon our purchase. We were informed why it was fenced, purchased it and lived happily ever after.

The only reason the fence was not moved back was because it is not maintained and would make the house look scruffy and less appealing.

AH1509

Cakeguts wrote: »

Move the fence back to where it should by so that there is no confusion about what is included.

The new potential buyers said dont bother as they would move it back anyway in exact same place.

AH1509

zagubov wrote: »

Just paragraphing it so more people will read it.

Im grateful and embarassed at the same time 🥴:eek: