Jump to content

Selling house with undischarged conditions


m4tth3wb

Recommended Posts

Hi all, 

 

Sold our self build home in Oct. Coming to the end of the solicitor stage but buyers solicitor has raised enquiries about confirmation of discharged conditions. The house was completed in 2016 and we have been living in it since. On the council planning website it is showing an application from our architect for discharging conditions however under the status i'ts not showing as decided. The buyers mortgage offer expires end of march and I am now worried we will lose this sale.

 

Has anyone experienced this before? What is the likely outcome? Can I do anything to speed this process up?

 

 

Thanks

 

Matt

 

 

Link to comment
Share on other sites

You’ve got two options. Contact the council and ask what’s going on with it. That might be a quick process or it might not. Alternatively take out an insurance indemnity that protects the buyer (goes with the house) If you decide on the latter DO NOT contact your council about it as once you do you can’t take out the indemnity. Indemnities are very common. 

Link to comment
Share on other sites

1 hour ago, Kelvin said:

You’ve got two options. Contact the council and ask what’s going on with it. That might be a quick process or it might not. Alternatively take out an insurance indemnity that protects the buyer (goes with the house) If you decide on the latter DO NOT contact your council about it as once you do you can’t take out the indemnity. Indemnities are very common. 

Plus 1 

Time isn’t on your side 

Indemnities are cheap and common 

Link to comment
Share on other sites

Thanks for replies. Don't think our buyers solicitor would accept an indemnity and even so my solicitor has already spoke to the council. I'm starting to stress out bad about this now, can't help but worry thinking the conditions might not even get discharged and I'm stuck with a mortgage on a house I can't sell

Link to comment
Share on other sites

I’m surprised your solicitor didn’t mention the indemnity. It’s less the solicitor and more your buyer’s lender although solicitors can get a bee in their bonnet about stuff. It will get resolved so don’t worry about that it’s more what needs to happen for it to be resolved quickly. Just because your solicitor has spoken with council it doesn’t mean you can’t still take out an indemnity. It really depends on what conversation they had. If it was a generic conversation with no house details etc then it might still be ok.
 

Also from my own personal experience of this I took control of sorting all this out when it knocked our house sale off course. I had several issues to resolve. Our solicitor was just hopeless at chasing things down. They are all too busy and working from home wasn’t helping either. Your solicitor might well be better of course. But if they aren’t don’t just sit back and wait for them to do it all. e.g. our title hadn’t been registered correctly by the solicitor that we used when we bought the house. The solicitor handling the sale was simply emailing the land registry and not getting anywhere. I called them and eventually got through to a very helpful person. I explained my predicament, how it was holding up our house sale, we were moving to Scotland, rented a house, buying land and it was all falling apart. Appealing to her human side basically as most folk have experience of buying and selling houses and the stress that goes with it. Consequently she expedited it the same day. My solicitor had been dealing with it for three months and couldn’t believe I sorted it in one phone call. 

Link to comment
Share on other sites

On 06/03/2023 at 21:11, m4tth3wb said:

Hi all, 

 

Sold our self build home in Oct. Coming to the end of the solicitor stage but buyers solicitor has raised enquiries about confirmation of discharged conditions. The house was completed in 2016 and we have been living in it since. On the council planning website it is showing an application from our architect for discharging conditions however under the status i'ts not showing as decided. The buyers mortgage offer expires end of march and I am now worried we will lose this sale.

 

Has anyone experienced this before? What is the likely outcome? Can I do anything to speed this process up?

 

Thanks

 

Matt

 

What are the conditions?

 

 

 

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...