Vendor can't produce NPPR Exemption Cert

cityworker

Registered User
Messages
17
Situation is vendor B bought in 2011 and her solicitor did not obtain NPPR exemption cert from Vendor A

We are now purchasing from Vendor B however Vendor B can't produce NPPR exemption cert for years 2009 / 2010 / 2011 and cannot trace Original vendor A to sign declaration - as such a potential charge of € 5 K interest and penalties could be charged to the property .

Solicitor for vendor A has signed declaration to say it was a PPR for vendor A but this is not acceptable as CC as they want signed declaration from original owner .

My Solicior says with out exemption cert if we purchase I could be liable for the NPPR if local ever seek to recover and we will have trouble of we seek to sell within the next 5 years .

Vendor B could of course pay the NPPR ( which doesn't appear to be due ) but they obviously don't want to do this

Any one of other experience in dealing with this , is there contractual way to deal with issue .
 

Saavy99

Frequent Poster
Messages
128
@cityworker I know this is an old thread but I'm going through the exact same situation right now. What did you do in the end?

I would be asking questions to the original solicitor, he has failed here in his legal duties to ensure the clearance certificate for the NPPR was produced at time of sale. I have a friend who has gone through hell recently trying to obtain this certificate, it held up her house sale for three months.
 

MOB

Frequent Poster
Messages
1,123
I would be asking questions to the original solicitor, he has failed here in his legal duties to ensure the clearance certificate for the NPPR was produced at time of sale. I have a friend who has gone through hell recently trying to obtain this certificate, it held up her house sale for three months.
The Original Poster was not actually required to obtain an NPPR exemption certificate at the time of purchase. This was a 2011 transaction and the requirement to produce such a cert on a sale only came into law on 1st January 2012.

The original solicitor therefore did not fail in his duty, no such duty existed in 2011.

Other hard cases, based on different facts, might possibly involve a solicitor slip-up, but not in this case;

The laws relating to NPPR, Household Charge and LPT were badly drafted and will from time to time create conveyancing problems even with no fault on the part of the solicitor.
 
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