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Buying land problem

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  • 01-01-2017 12:51am
    #1
    CBMHB1
    Registered Users Posts: 13 ✭


    Been in talks to buy land for 3 months. Vendors seem to be dragging their heels and not signed contract still. Application in with the planning department. Not sure what we should do? Can the vendors use the plans if planners give us permission? But they change their minds to go through with the sale of the land? Any advice on this situation would be great please. Thanks.


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    #2
    Denny_Crane
    Closed Accounts Posts: 384 ✭✭Denny_Crane


    Speak to your solicitor, I imagine land with planning is worth a bit more than land without. Get their advice on how to proceed.


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    #3
    CBMHB1
    Registered Users Posts: 13 ✭CBMHB1


    Denny_Crane wrote: »
    Speak to your solicitor, I imagine land with planning is worth a bit more than land without. Get their advice on how to proceed.

    Thank you for the response. We were honest with the vendors about building a family home and the agreement is we are paying for the land as if it was development land.


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    #4
    davindub
    Registered Users Posts: 1,447 ✭✭✭davindub


    CBMHB1 wrote: »
    Been in talks to buy land for 3 months. Vendors seem to be dragging their heels and not signed contract still. Application in with the planning department. Not sure what we should do? Can the vendors use the plans if planners give us permission? But they change their minds to go through with the sale of the land? Any advice on this situation would be great please. Thanks.

    The planning permission applies to the property so yes, they could pull out and sell the land with full planning permission.

    If you are buying the property subject to planning permission, get them to sign immediately this week unless there are issues you need to know about.

    If the contract does not stipulate subject to planning permission, they may be waiting on the understanding that if planning permission is denied, there is no sale.

    But really you shouldn't have proceeded with a planning application until you had some interest established in the land. They could pull out!


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    #5
    CBMHB1
    Registered Users Posts: 13 ✭CBMHB1


    davindub wrote: »
    The planning permission applies to the property so yes, they could pull out and sell the land with full planning permission.

    If you are buying the property subject to planning permission, get them to sign immediately this week unless there are issues you need to know about.

    If the contract does not stipulate subject to planning permission, they may be waiting on the understanding that if planning permission is denied, there is no sale.

    But really you shouldn't have proceeded with a planning application until you had some interest established in the land. They could pull out!

    The unsigned contract does state subject to planning. Which the vendors were happy to agree with.


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    #6
    davindub
    Registered Users Posts: 1,447 ✭✭✭davindub


    CBMHB1 wrote: »
    The unsigned contract does state subject to planning. Which the vendors were happy to agree with.

    Yep then get your solicitor to get an reason for the hold up, signing is literally just getting the owner to sign. It may be something simple like the solicitor and the vendor cannot agree an appointment time. Some people like myself make 0 effort to sign stuff if I think there is no rush/ prompted.

    Don't worry about it yet, but just get things confirmed for your own peace of mind.


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    #7
    CBMHB1
    Registered Users Posts: 13 ✭CBMHB1


    davindub wrote: »
    Yep then get your solicitor to get an reason for the hold up, signing is literally just getting the owner to sign. It may be something simple like the solicitor and the vendor cannot agree an appointment time. Some people like myself make 0 effort to sign stuff if I think there is no rush/ prompted.

    Don't worry about it yet, but just get things confirmed for your own peace of mind.

    Thank you. I really appreciate your help.


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    #8
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    davindub wrote: »
    davo10 wrote: »
    Are you mad? You want to complete the purchase of a site while applying for planning, without a "subject to planning" clause? What do you think happens if the sale completes and you are denied planning? You are stuck with a field.

    He stated he has that condition in the contract!

    Sorry I misread ops post. Can't seem to delete my post, the new boards layout is a pain.


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