Anything 'dodgy' about this? (selling site)

S

Swatch

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Hi I was just wondering if someone could help me. My dad is selling a piece of land at the moment, after a few weeks of bidding (with 2 auctioneers involved), he agreed to a price with one of them - that was in April. Since then, it appears to me that very little is being done.
It is my understanding that as soon as a price is agreed, a notice requesting planning permission is placed on the site, a notice is also placed in the paper - eventually the request goes through the County Council etc. and after approx. 12 weeks, planning permission is either granted or not.
But it is now July, no sign has gone up, no notice in the paper, when my dad asks the auctioneer various questions, he seems to be getting the 'runaround', for example the identity of the buyer is unknown, my dad also has never seen the cheque for the deposit? This all seems very dodgy/suspicious to me, am I right?
 
Tis dodgy that you heard nothing but yer man may have problems getting plans done, pre planning meetings ongoing, etc.

Has anyone dug a hole for the "Percolation Test" where the septic tank goes. If not then the preparation for the planning application is not complete.

Tell the auctioneer you expect a planning application in by 31/07
or the deal is NULL and VOID for non performance and tell him in writing.
 
I don't know anything about "percolation tests", but as far as I know, the site is equipped with pipes for waste etc. as the person next door put them down years ago for his property, so there should be access there? Does that make any sense? So I don't think there's an issue there, but I'm not an engineer!
 
Swatch said:
I don't know anything about "percolation tests", but as far as I know, the site is equipped with pipes for waste etc. as the person next door put them down years ago for his property, so there should be access there? Does that make any sense?
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Makes no sense to me unless you tell me where those pipes lead to , if they lead to your neighbours septic tank then you have a problem, Houston.
!
 
What many people do is they have their solicitor draw up contracts for the buyer. The contracts would have a clause stating that in the event that the purchaser was refused planning or did not obtain it within a certain time limit that the sale would not go ahead. There could also be a time limit in the contract for an application to be submitted. The up side of this is that the buyer has to sign and pay a deposit and is bound to submitting the application within a certain time and if they obtain planning is bound to purchase- if they don't adhere to the time limits your father can walk away. The down side is that if they don't obtain planning the deposit is refunded to them and the sale doesnt proceed but your father will still have to pay the legal costs of the contracts to his solicitor.
 
yeah

time for your oul fella to see his solicitor anyway fro a chat .
 
I'm guessing the site is in an urban area with mains sewer and water available?
 
There are houses around there alright, so there's sewer + water available alright
 
hi Swatch,
the whole thing seems farcical to me.has your father been in touch with his solicitor and/or has a deposit been received ?
if nothing is in writing or signed then i suggest your dad tell them all of get lost and re-advertise the site,any decent buyer would have been in touch and surely even to do a perculation test shoudl ahve contacted your father for permission to enter his land.
Finally,the auctioneer would have to know who placed the bid(even if it was a solicitor bidding for a client) and the name of the purchaser would have to be shown if a contract was drawn up.i would say find out asap and if the EA is still messing about pull out of the deal (he has proabaly bought it himself or for a friend and doesn't want ye knowing)
 
So it's the solicitor really, that gets the ball rolling in the whole planning procedure then, sorry, it's just my dad is clueless when it comes to these things, so I'm trying to understand it myself so I can help sort it out.
 
As an architect who has dealt with this situation a lot, I don't think there is necessarily anything dodgy happening.

Is he going for Outline Permission - which would take maybe 1 week to prepare and put up notice or full Planning Permission which might take 3-4 months to prepare?

Also percolation tests are often not done until required by the LA as a request for further information.

Also, just because there are a couple of houses nearby does not mean that there is a mains sewer nearby - we are living in Ireland after all.

Do make enquiries of the Buyer though, ask them what's up.

EDIT: oops - didn't read the last bit about the Buyer's identity being unknown and no cheque. Sounds suspect, alright. You should threaten to pull out of the sale. At this stage, if he is actually interested, he will have spent money on the Planning Application - so he'll have some interest in not letting it go.
 
it wouldn't be the solicitor who would get the plannning going but the solicitor should know what's happening with reagrds to the sale of the land,he should have at least been notified that it was sale agreed and a deposit was with the EA..if you are not happy with the solictors answer and if he has heard nothing from the EA then i think you are being messed about (not what you want to hear,i know)let us know how you get on
 
Ok, my dad has just been in to see the solicitor with my sister. He said there's been a hold up because he was waiting on a map of the site from my dad. Apparently he sent out a letter to my dad in May requesting this map, and my dad never sent any in - which wouldn't surprise me. But still, is it not strange that the estate agent is not wondering or asking where the contract is nearly 3 months later...
 
Swatch said:
Ok, my dad has just been in to see the solicitor with my sister. He said there's been a hold up because he was waiting on a map of the site from my dad. Apparently he sent out a letter to my dad in May requesting this map, and my dad never sent any in - which wouldn't surprise me. But still, is it not strange that the estate agent is not wondering or asking where the contract is nearly 3 months later...
Click to expand...

Mabe you need to change this thread http://www.askaboutmoney.com/showthread.php?t=31728 to "Changing Estate Agents" ;)
 
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