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Negotiations advice needed urgently - Price agreed but seller misled us!

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Comments

  • p00hsticks
    p00hsticks Posts: 15,006 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    TheJP said:
    For me the solar panels would be the main worry. Personally I'd want the lease on the panels bought out as a condition of sale, so they become fully yours, and you receive the feed in tariff income. 

    Our previous house had the council permission covenant and we never had any issues with getting permission (and at no cost). I appreciate this may vary with different councils. However if anything has been done without permission then you'd need to look into either the sellers getting permission before you buy, or possibly indemnity insurance?
    Great post but hopefully solictor will look into that. 
    For us, I'd run 50 miles from a property that had those or if any could be seen from the property we were buying.
    I cannot stand the site of them and those installed a while ago as I know of someone, piegons used to get stuck under them and died and had to be removed, not sure what they have done to stop that. Then there is getting a roof leak repair and if you dont like paying over the odds for a roof repair, try one when you have these solar things on your roof.

    Thanks

    So why on earth did you offer over asking on a property that sounds like you hate. Perhaps pull out and start agin?

    diystarter7 (who you've quoted) and the OP aren't the same person ....
  • I’m a bit confused - have the 29 houses started being built or is it just a proposal? If they are being built or even have applied for pp then your searches should have picked this up.

    As for the covenants, pretty standard for a lot of properties.
    2006 LBM £28,000+ in debt.
    2021 mortgage and debt free, working part time and living the dream
  • Sorry just reread your initial post - there is no proposal for building, it’s already been granted pp so they have not miss led with their answer on the form
    2006 LBM £28,000+ in debt.
    2021 mortgage and debt free, working part time and living the dream
  • As above re development.

    Re. solar panels and leasing the roof to another party.........does that breach any of the covenants?!


  • At this point you have to wonder what else they forgot to mention.

    About affordable housing, I wouldn't worry about it. It's not really affordable.
  • cymruchris
    cymruchris Posts: 5,577 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper Photogenic
    cramac90 said:


    TA6 form said no to 'awareness of proposals to develop property or land nearby', however there is a large development of 29 houses being built within close proximity (40% of which will be affordable housing).  The planning consultation clearly states that nearby residents were issued a letter, plus almost everyone on their road responded to the consultation, it was advertised in the local newspaper and on lamp posts etc, so they were quite clearly aware - also the house went up for sale immediately after planning permission was granted.


    Almost everyone isn't everyone...

    Not everyone reads the local newspaper...

    Not everyone walks past their local lampposts reading bits of paper stuck to them...

    So I have to disagree with the fact that they were 'clearly aware'.

    It's possible they were aware, and they've given false information - but it's also feasibly possible that they've told the absolute truth. So it's best not to approach your negotiations with the element of mistrust that you think they're pulling the wool over your eyes, when they may not be.

    As has been mentioned the searches have highlighted it - and if you're not happy with it - you can go back to your seller, offer what you now want to offer outlining why you're changing it - and then they can either say yes or no. Be prepared for them to say no, and for you to find another property. 
  • For me the solar panels would be the main worry. Personally I'd want the lease on the panels bought out as a condition of sale, so they become fully yours, and you receive the feed in tariff income. 

    Our previous house had the council permission covenant and we never had any issues with getting permission (and at no cost). I appreciate this may vary with different councils. However if anything has been done without permission then you'd need to look into either the sellers getting permission before you buy, or possibly indemnity insurance?
    Great post but hopefully solictor will look into that. 
    For us, I'd run 50 miles from a property that had those or if any could be seen from the property we were buying.
    I cannot stand the site of them and those installed a while ago as I know of someone, piegons used to get stuck under them and died and had to be removed, not sure what they have done to stop that. Then there is getting a roof leak repair and if you dont like paying over the odds for a roof repair, try one when you have these solar things on your roof.

    Thanks

    Your friend must have cheaped out then, because £400 in todays money gets you bird protection around the panels so birds can't get underneath. Solar panels are also very easy to remove and replace.

  • eddddy
    eddddy Posts: 18,582 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    cramac90 said:

    however we have since discovered that the vendor misrepresented the property on the TA6 form.


    I'm not sure that the misrepresentation on the TA6 form is relevant to your argument in this case.

    You didn't know about the new development when you made your offer - but you do now. So you can use that as a reason to reduce your offer, if you want.

    Or are you thinking...

    "I'm going to reduce my offer because of the development, but I'm going to reduce it even more as punishment because they fibbed on the TA6. I would have reduced my offer by a smaller amount if they had been honest on the TA6."




  • JReacher1
    JReacher1 Posts: 4,664 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've been Money Tipped!
    If you go on the local council planning portal it tells you who has been sent a letter about the development. Check if your seller received one. Based on what you have said I think it’s 50/50 whether they would have been included. 

    Have you considered pulling out and buying one of the houses in this development?
  • mi-key
    mi-key Posts: 1,580 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Even reducing the offer because of the development is a bit off really. If the development had already been there 5 years, it wouldn't have made the house any cheaper when it came up for sale originally.

    If having a development was that much of an issue to you, then you wouldn't have wanted to buy the house, but apparently £10K or £20K off the price would mean you were no longer bothered by having a development there? It does come across more like you are just looking for an excuse to pay less because you are now thinking you offered too much ( even though at the time you agreed to buy, you were perfectly happy to offer over the asking price ) 

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