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  • FIRST POST
    • MrDazzle
    • By MrDazzle 17th Apr 18, 2:22 PM
    • 4Posts
    • 0Thanks
    MrDazzle
    Disclosure after SPIF form submitted
    • #1
    • 17th Apr 18, 2:22 PM
    Disclosure after SPIF form submitted 17th Apr 18 at 2:22 PM
    Should our sellers have disclosed a neighbours planning application submitted after they completed the Sellers Property Information Form?

    It would appear the application was made after the SPIF form was submitted but before completion, can't seem to find much information regarding this online as to whether they were required to disclose or if it is classed as misrepresentation?

    TIA
Page 1
    • the_r_sole
    • By the_r_sole 17th Apr 18, 4:48 PM
    • 2,461 Posts
    • 1,299 Thanks
    the_r_sole
    • #2
    • 17th Apr 18, 4:48 PM
    • #2
    • 17th Apr 18, 4:48 PM
    you can only know what you know at the time of filling out the form, you couldn't possibly know that a planning application would be submitted after the paperwork is filled out, there is no way you could describe that as misrepresentation.
    • G_M
    • By G_M 17th Apr 18, 4:53 PM
    • 44,096 Posts
    • 52,237 Thanks
    G_M
    • #3
    • 17th Apr 18, 4:53 PM
    • #3
    • 17th Apr 18, 4:53 PM
    The instructions to the PIF 3rd Edition here, say:

    If you later become aware of any information which would alter any replies you have given, you must inform your solicitor immediately. This is as important as giving the right answers in the first place........
    Last edited by G_M; 17-04-2018 at 5:02 PM.
    • eddddy
    • By eddddy 17th Apr 18, 5:10 PM
    • 6,335 Posts
    • 6,190 Thanks
    eddddy
    • #4
    • 17th Apr 18, 5:10 PM
    • #4
    • 17th Apr 18, 5:10 PM
    Should our sellers have disclosed a neighbours planning application submitted after they completed the Sellers Property Information Form?
    Originally posted by MrDazzle
    The SPIF doesn't ask about neighbours' planning applications.

    To find out about nearby planning applications, you could either have paid for a 'Planning Search' or done your own online search of applications, through the local planning authorities website.
    • Red-Squirrel
    • By Red-Squirrel 17th Apr 18, 5:14 PM
    • 2,666 Posts
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    Red-Squirrel
    • #5
    • 17th Apr 18, 5:14 PM
    • #5
    • 17th Apr 18, 5:14 PM
    Is there any reason to believe that they were aware of the application?
    • davidmcn
    • By davidmcn 17th Apr 18, 5:15 PM
    • 7,663 Posts
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    davidmcn
    • #6
    • 17th Apr 18, 5:15 PM
    • #6
    • 17th Apr 18, 5:15 PM
    The SPIF doesn't ask about neighbours' planning applications.
    Originally posted by eddddy
    Questions 3.1 and 3.2 would appear to cover it.
    • eddddy
    • By eddddy 17th Apr 18, 5:19 PM
    • 6,335 Posts
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    eddddy
    • #7
    • 17th Apr 18, 5:19 PM
    • #7
    • 17th Apr 18, 5:19 PM
    Questions 3.1 and 3.2 would appear to cover it.
    Originally posted by davidmcn
    Oh yes!!!!!
    • the_r_sole
    • By the_r_sole 17th Apr 18, 5:31 PM
    • 2,461 Posts
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    the_r_sole
    • #8
    • 17th Apr 18, 5:31 PM
    • #8
    • 17th Apr 18, 5:31 PM
    there is still nothing which would suggest the neighbours became aware of the planning application in time to give notice to their solicitors
    • MrDazzle
    • By MrDazzle 17th Apr 18, 7:08 PM
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    MrDazzle
    • #9
    • 17th Apr 18, 7:08 PM
    • #9
    • 17th Apr 18, 7:08 PM
    The local authority sent out notification letters, the dates suggest it came later than the form so I assume they would have known.
    • davidmcn
    • By davidmcn 17th Apr 18, 7:11 PM
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    davidmcn
    The local authority sent out notification letters, the dates suggest it came later than the form so I assume they would have known.
    Originally posted by MrDazzle
    Before exchange? You only mentioned completion in the OP. Not much you could have done about it if it were after exchange.
    • MrDazzle
    • By MrDazzle 17th Apr 18, 7:23 PM
    • 4 Posts
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    MrDazzle
    Before exchange
    • Davesnave
    • By Davesnave 17th Apr 18, 7:55 PM
    • 25,053 Posts
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    Davesnave
    Where do you envisage all this is going?


    Even if you could prove in some way that the vendors wilfully withheld the planning info from you, what would you hope to gain?
    'It's a terrible thing to wait until you're ready…..Generally speaking, now is as good a time as any.' Hugh Lawrie.
    • MrDazzle
    • By MrDazzle 17th Apr 18, 8:29 PM
    • 4 Posts
    • 0 Thanks
    MrDazzle
    Curiosity mostly, am 50/50 whether I am bothered but I am interested in what people think of the situation, would they have done the same or not?
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