Buying Property from the Church

Davesnave

theartfullodger said:

A church, surely, rather than "the" church?

Yes, like "the science" we are always hearing about. It gives the impression there's great agreement.

daivid

It is my understanding that the Estate Agent is legally obliged to pass on any offer that is made (in writing). So OP by all means offer what you think it is worth, but don't hold your breath... Another complication you may incur is that if you have an offer accepted they may refuse to take the property off the market until exchange as they (the church committee) have a duty to achieve the best price they can for the property (and for their charity), that can lead to a nervous wait, especially as you will have instructed and committed to pay for the services of a solicitor. Obviously any seller can pull out pre-exchange but many (most?) will take the property off the market once an offer is accepted and give assurances not to allow further viewings/take other offers.

pbartlett

If you make an offer to the estate agents, they are obliged BY LAW to pass it on, unless the vendor has instructed them not to pass any on below a certain amount. Being a charity has nothing to do with it - it is purely if the seller has asked the EA not to pass any on below £xxx. 

You need to clarify with the EA, as if they are not passing on your offer they could be breaking the law.

davidmcn

pbartlett said:

If you make an offer to the estate agents, they are obliged BY LAW to pass it on, unless the vendor has instructed them not to pass any on below a certain amount. Being a charity has nothing to do with it - it is purely if the seller has asked the EA not to pass any on below £xxx. 

You need to clarify with the EA, as if they are not passing on your offer they could be breaking the law.

I think it's reasonably clear that (even if it isn't actually "illegal" to accept lower offers) their client has told them they're not currently interested in any below the set level.

AdrianC

Think of it as being similar to buying a repo.

They want the maximum possible price, and they will be happy to gazump you right up until the very last second before exchange. There is no sentiment involved.

pbartlett

it may indeed be true that the church have told the EA that "their client has told them they're not currently interested in any below the set level"  but that is not what the EA told the OP.

Instead they talked about charities and the law.  Why?

davidmcn

pbartlett said:

it may indeed be true that the church have told the EA that "their client has told them they're not currently interested in any below the set level"  but that is not what the EA told the OP.

Instead they talked about charities and the law.  Why?

Because they're estate agents with only a hazy understanding of the law or how to explain it to punters.

The church has a vast estates department who know fine well what they're doing - they're hardly likely to be being hoodwinked by agents withholding reasonable offers for their own purposes. Though if the OP really thinks that's what's going on, there's nothing stopping them from contacting the church directly to ensure their offer has been passed on.

dimbo61

Have you checked the estate agents out ?
Are they signed up to one of the 2 Estate/Letting agents redress scheme.
They are talking rubbish.
The Church/Charity or whoever may have acquired the property following the death of the Owner/s.
If you want the property then make an offer in writing.
Email them first then send a letter with proof of posting ( Not recorded )
Get a copy of the Land registry for £3 and you may find out who owns ( owned) the property and if it still has a mortgage or loan.
You may need to move fast if your offer is accepted so have your mortgage offer AIP ready, Solicitor ( on the lenders panel ) lined up.
Consider a mortgage where you add the fee to the borrowed amount and free valuation/Legals.
Be prepared to get professionals in to check out the boiler, electrics, roof etc

Jude57

OP, when buying from the Church it's important to know whether the property brings any Chancel Repair liability. If the property has only recently come into the Church's ownership this is possibly less likely but you must still make sure you check it out. You can buy indemnity insurance but it may not cover every eventuality so you need to make sure you understand your potential liability. 

I'm sure other posters may have more up to date knowledge of this area, but I just wanted to put it on your radar.

Lunchbox

It is indeed against the law. The Charities Act only allows Trustees to dispose of assets, including property, at below market value in very limited circumstances e.g. to another charity or if it’s in their best interests to dispose of at a lower value, but the latter would be quite difficult for them to evidence. It certainly isn’t a normal property transaction and shouldn’t be treated as such.