THE VENDOR WANTS TO COMPLETE NO LATER THAN 29 OCTOBER

What options did your lawyer say you have?

Hi Nigella,

You don't need the updated Deeds before completion, you need proof that Planning Permission was granted by the Town Hall and written confirmation that application has been made to the Land Registry to amend their records in accordance with the Planning Permission already granted (assuming it was?).  Did you ask your lawyer whether they have obtained, or at least asked for a copy of the Planning Permission from the vendor's lawyer?

Who is asking for completion on 30 October? The bottom line is that the property is not fully legal until these processes have been carried out - that doesn't prevent the property being sold, but as the purchaser, it's not your responsibility to regularise the paperwork.  The requirement for military clearance is new since Brexit, but the responsibility still rests with the vendor and the costs for rectifying the documentation will not be inexpensive.

I appreciate that you've only posted an extract from your lawyers email, so my assessment may be unfair, but what you have posted doesn't suggest to me that they are being proactive in supporting you as their client.

Kind regards,

Kim

Hi Kim,

I got this this morning

Hi Nigella,

Had you meant to attach something?

I've just realised from your heading that it's the vendor who wants to complete by 29 October, so not only is the onus on them to regularise the documentation, they're the ones imposing a timeline the lawyers say can't be met! 😄

If you've received information that you're unsure of and happy to share, do post it.  Many of us have experienced what you're going through.  We've had it as buyers and sellers - it cost our vendors €1,000 to correct the paperwork on the property we bought and it cost us €560 to regularise the paperwork when my husband sold the property he inherited from his parents.  In your case, it's important to remember that this is not your responsibility, not only because you don't want to incur the cost of correcting the paperwork, but because the additional work to the property may trigger a recalculation of its IBI (Council Tax) bill, which can be backdated up to 4 years.  These costs - and any fine - should be borne by the vendor, not you.

Unless the vendors are lucky enough to find another buyer, during a global pandemic, who has a lawyer sufficiently incompetent not to make their client aware of these issues, the vendors are not in a position of strength in this transaction.  There are a lot of properties for sale - you may need to be prepared to say you won't proceed with the purchase if this can't be sorted in time - or the vendor needs to rethink their completion date.

Kind regards, 

Kim

Kim 

I do not think that they got permission from the Town Hall for this Porch and Galley extension.   It is not in the Deeds.

Regards

I will let you know.

Regards

Hi Nigella,

That's what I think too, but at the risk of sounding harsh, that's their problem, not yours.

Kind regards, 

Kim

Thanks Kim, I will speak to my Lawyer on Monday and see what she says again and will post it.

I have given the initial €3000 into the Lawyers Client Account.

Regards