selling a house

Wrath of Khan MD said:
But this is regard to a sale, not just someone wanting to build something. This is my dilemma... I fully understand if I wanted to build something, and that is the correct way to go about it.

What this is comes down to I guess is, do I as a seller have to do this or is it voetstoots? I'm the seller and now opening my cheque book for the benefit of the buyer. Nothing is stated in the OTP with regards to approved municipal plans. I'm not being a dick about it, it's just that this could cost a fortune or even be rejected, I have absolutely no idea.
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I think you are playing with FIRE in the sense of a buyer would likely ask for this either prep it now or be forced to drop the price etc.

I know when I sell I will have zero issues now but it took months to resolve you dont want to be forced to sort it out and have ZERO time on your hands
 
Snyper564 said:
I think you are playing with FIRE in the sense of a buyer would likely ask for this either prep it now or be forced to drop the price etc.

I know when I sell I will have zero issues now but it took months to resolve you dont want to be forced to sort it out and have ZERO time on your hands
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No you're missing the point. A buyer can't suddenly turn around mid sale and start demanding things that are not stipulated, or even pull out without ramifications, not from me but from the estate agent. Of course I'm willing to help out because I want the sale to go through, but again I don't have to (if the law and what people are saying is correct)
 
Wrath of Khan MD said:
No you're missing the point. A buyer can't suddenly turn around mid sale and start demanding things that are not stipulated, or even pull out without ramifications, not from me but from the estate agent. Of course I'm willing to help out because I want the sale to go through, but again I don't have to (if the law and what people are saying is correct)
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read my response was a legal blog on this point.

What I am saying is there is a good chance you may got little interest due to this being excluded loads of risk from a buyers perspective.

 
Snyper564 said:
read my response was a legal blog on this point.

What I am saying is there is a good chance you may got little interest due to this being excluded loads of risk from a buyers perspective.

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Interesting read, but according to this paragraph, he is not liable?

The seller will not automatically attract liability if he sells the property with unauthorised building works, unless he himself organised and ordered the renovations/extensions without first obtaining the necessary planning permissions, and deliberately failed to disclose this information to the purchaser.
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rh1 said:
Interesting read, but according to this paragraph, he is not liable?
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See and here is the issue.

HE will still need to disclose it.

Buyer will need to be comfortable with that etc.

You cant hope they dont see it in the OTP it needs to be brought to their attention.
 
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Wrath of Khan MD said:
No you're missing the point. A buyer can't suddenly turn around mid sale and start demanding things that are not stipulated, or even pull out without ramifications, not from me but from the estate agent. Of course I'm willing to help out because I want the sale to go through, but again I don't have to (if the law and what people are saying is correct)
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Whatever the OTP states is the final agreement. I once had a scummy lawyer exercise that in a purchase I was making. The OTP stated that the sale was contingent on council approved plans being in order. When I asked for them (I **** you not!!) the lawyer pushed that the OTP didnt say the seller would provide these plans. Well, how would I get them I asked - she told us we had to get them ourselves! Ended up standing in queues and paying to access them. Never again. I got my own back though, as down the line there was a patent defect with something in the house, which seller had admitted to in the defects list and stated she would rectify. This wasn't done satisfactorily though - so I assigned a watching brief to my attorney and he had a field day with them - halting the transfer and losing the seller a huge % of the sale as we had our own contractors action the rebuilds.

Lesson here: great lawyers on your side are worth every penny, NEVER trust an estate agent, get everything in writing, and if you are buying be sure to have your own lawyer look over everything. If you are selling, have a solid lawyer behind you as well.
 
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