Payment for Section 106 being satisfied

JuliaWarne

I am trying to sell my house and its taking ages (6 months so far!). The last thing the buyers solicitors requested was a copy of a section 106 agreement which I found on the internet and forwarded onto them (quite why they couldn't find this baffles me).


I thought that was the end of the enquiries but the buyers solicitors now want to know that the things in the agreement have been satisfied. My solicitor has gone to the local council to get this information and they have come back today saying if you want the information it will cost £195!


Why do I as the seller have to pay this fee surely this is part of the searches that the buyers want and they should pay? Does anyone have any experience with this?


The section 106 was made back in 2004 and is now 15 years old - is there a time limit for these agreements? Any help would be appreciated thank you

diggingdude

JuliaWarne wrote: »

I am trying to sell my house and its taking ages (6 months so far!). The last thing the buyers solicitors requested was a copy of a section 106 agreement which I found on the internet and forwarded onto them (quite why they couldn't find this baffles me).


I thought that was the end of the enquiries but the buyers solicitors now want to know that the things in the agreement have been satisfied. My solicitor has gone to the local council to get this information and they have come back today saying if you want the information it will cost £195!


Why do I as the seller have to pay this fee surely this is part of the searches that the buyers want and they should pay? Does anyone have any experience with this?


The section 106 was made back in 2004 and is now 15 years old - is there a time limit for these agreements? Any help would be appreciated thank you

Because you want to sell the house and can't prove you have done whats needed otherwise

da_rule

Assuming the s.106 was executed as a deed, then the enforcement period can be 12 years from when the other party became aware (or ought to have been aware) of the breach. It is also not unusual for obligations under s.106’s to be spread out over multiple years in the case of large developments.

Essentially, the purchasers searches revealed the existence of the agreement. The onus is now on you to prove that your title is good and marketable and free of any incumbrances. If that certificate is needed to do that then it would appear to fall to you. Or you say no and risk losing the sale (and potentially any sales after that).