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  #1   Report Post  
MM
 
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Default Pulling out of a purchase before exchange

Do I have to give any reason? Or are "gut feelings", "warning bells"
enough?

MM
  #2   Report Post  
ABC
 
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"MM" wrote in message
...
Do I have to give any reason? Or are "gut feelings", "warning bells"
enough?

MM

No reason needed. Either party can pull out of a sale/purchase at anytime
before the contracts are signed.

However, if you do decide to pull out of a purchase, you would have just
wasted money on searches/legal fees/surveys

S


  #3   Report Post  
Al Reynolds
 
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"MM" wrote:
Do I have to give any reason? Or are "gut feelings", "warning bells"
enough?

MM


If there's an obvious reason then you could tell them, but
if it's just that you don't want to buy the house then that
is enough. They may think you're planning to offer less
money, so they may be slightly acrimonious.

Make sure you don't plan on changing your mind, as they
probably won't be too keen on accepting an offer from
someone who has already pulled out once.

Al


  #4   Report Post  
MM
 
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On Tue, 16 Nov 2004 14:00:30 -0000, "Al Reynolds"
wrote:


"MM" wrote:
Do I have to give any reason? Or are "gut feelings", "warning bells"
enough?

MM


If there's an obvious reason then you could tell them, but
if it's just that you don't want to buy the house then that
is enough. They may think you're planning to offer less
money, so they may be slightly acrimonious.

Make sure you don't plan on changing your mind, as they
probably won't be too keen on accepting an offer from
someone who has already pulled out once.


I have at least two concrete facts before me that were not made known
to me at the time I made my offer:

(1) The property is advertised as brand-new and appears to be so.
However, it is not. It has already been purchased, therefore it is now
secondhand. No one told me this at the time. The original estate
agent's sales report listed the developer as vendor. This was
corrected by the agent some five days later to replace the developer's
name with that of the actual purchaser, a relative of the developer.
The registration of the title with the Land Registry on that first
purchase is still being processed by the LR.

(2) The property's services as listed in the brochure include "mains
drainage". But the drainage is in fact to a privately run sewage
treatment plant that will be maintained via a "Management Company"
which is to be formed by all residents on the development. This is not
my idea of being on mains drainage.

MM
  #5   Report Post  
Neil Jones
 
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MM wrote:
On Tue, 16 Nov 2004 14:00:30 -0000, "Al Reynolds"
wrote:


"MM" wrote:
Do I have to give any reason? Or are "gut feelings", "warning bells"
enough?

MM


If there's an obvious reason then you could tell them, but
if it's just that you don't want to buy the house then that
is enough. They may think you're planning to offer less
money, so they may be slightly acrimonious.

Make sure you don't plan on changing your mind, as they
probably won't be too keen on accepting an offer from
someone who has already pulled out once.


I have at least two concrete facts before me that were not made known
to me at the time I made my offer:

(1) The property is advertised as brand-new and appears to be so.
However, it is not. It has already been purchased, therefore it is now
secondhand. No one told me this at the time. The original estate
agent's sales report listed the developer as vendor. This was
corrected by the agent some five days later to replace the developer's
name with that of the actual purchaser, a relative of the developer.
The registration of the title with the Land Registry on that first
purchase is still being processed by the LR.

(2) The property's services as listed in the brochure include "mains
drainage". But the drainage is in fact to a privately run sewage
treatment plant that will be maintained via a "Management Company"
which is to be formed by all residents on the development. This is not
my idea of being on mains drainage.

MM


Your solicitor should have advised you not to pay any attention to
anything told to you by anyone other than in answer to a question he put
to the vendor via *his* solicitor.

Without more information I wouldn't have thought either of them was
particularly problematic.

On point 1) you could try to get the 10 year warranty to run from the
completion of your purchase or ask for a reduction.

Point 2) was dealt with earlier, I think, and as recommended you could
seek assurances that the costs associated with drainage are (for
example) pegged to those of the local sewerage co. or ask for a
reduction.

Depending on your local market conditions you will either get your
guarantees, your reduction, or a raspberry. Once you have a response you
are in a position to decide whether to withdraw, or not.

HTH

Neil




  #6   Report Post  
Andrew Gabriel
 
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In article ,
"Neil Jones" writes:

Point 2) was dealt with earlier, I think, and as recommended you could
seek assurances that the costs associated with drainage are (for
example) pegged to those of the local sewerage co. or ask for a
reduction.


If the sewage plant goes tits-up, the residents will have to
fork out to fix or replace it. If they hesitate/moan/whatever,
the local environmental health departent takes out an injunction
forcing them. I've seen this happen with private sewers.

Maybe there's some provision for forcing payment of insurance
to cover repairs and forcing regular piggy bank contributions
to cover plant replacement every x years? Still pretty
impossible to give any guarantees about future charges.

--
Andrew Gabriel
  #7   Report Post  
chris French
 
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Default

In message , Neil Jones
writes
MM wrote:
On Tue, 16 Nov 2004 14:00:30 -0000, "Al Reynolds"
wrote:


"MM" wrote:
Do I have to give any reason? Or are "gut feelings", "warning bells"
enough?

MM

If there's an obvious reason then you could tell them, but
if it's just that you don't want to buy the house then that
is enough. They may think you're planning to offer less
money, so they may be slightly acrimonious.

Make sure you don't plan on changing your mind, as they
probably won't be too keen on accepting an offer from
someone who has already pulled out once.


I have at least two concrete facts before me that were not made known
to me at the time I made my offer:

(1) The property is advertised as brand-new and appears to be so.
However, it is not. It has already been purchased, therefore it is now
secondhand.
.

(2) The property's services as listed in the brochure include "mains
drainage". But the drainage is in fact to a privately run sewage
treatment plant that will be maintained via a "Management Company"
which is to be formed by all residents on the development. This is not
my idea of being on mains drainage.


Your solicitor should have advised you not to pay any attention to
anything told to you by anyone other than in answer to a question he put
to the vendor via *his* solicitor.

Without more information I wouldn't have thought either of them was
particularly problematic.


snip

No, neither of these things are necessarily a deal breaker, it very much
depends on the negotiations.

I would try to give reasons if possible, esp. if I thought I might be
buying via the same estate agents again - you don't want a reputation
with them as someone not to be taken seriously.
--
Chris French, Leeds
  #8   Report Post  
:::Jerry::::
 
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Default


"ABC" wrote in message
...

"MM" wrote in message
...
Do I have to give any reason? Or are "gut feelings", "warning bells"
enough?

MM

No reason needed. Either party can pull out of a sale/purchase at anytime
before the contracts are signed.

However, if you do decide to pull out of a purchase, you would have just
wasted money on searches/legal fees/surveys


It could be due to those findings that he wants to pull out, so I would say
that it could have been money well spent !


  #9   Report Post  
Tony Bryer
 
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Default

In article , Huge wrote:
Your solicitor should have advised you not to pay any
attention to anything told to you by anyone other than in
answer to a question he put to the vendor via *his*
solicitor.


Which is why seller's packs are such a dumb idea.


Surely the opposite? I had assumed that the information in a
sellers pack was to be taken as contractual - so if the SP says
mains drainage and it's not you have a right of action against
the seller if the info is wrong, same as with the current
questionnaires that solicitors send you when you sell a
property.

--
Tony Bryer SDA UK 'Software to build on' http://www.sda.co.uk
Free SEDBUK boiler database browser
http://www.sda.co.uk/qsedbuk.htm


  #10   Report Post  
EricP
 
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Default

On Tue, 16 Nov 2004 14:41:19 +0000, MM wrote:

On Tue, 16 Nov 2004 14:00:30 -0000, "Al Reynolds"
wrote:


"MM" wrote:
Do I have to give any reason? Or are "gut feelings", "warning bells"
enough?

MM


If there's an obvious reason then you could tell them, but
if it's just that you don't want to buy the house then that
is enough. They may think you're planning to offer less
money, so they may be slightly acrimonious.

Make sure you don't plan on changing your mind, as they
probably won't be too keen on accepting an offer from
someone who has already pulled out once.


I have at least two concrete facts before me that were not made known
to me at the time I made my offer:

(1) The property is advertised as brand-new and appears to be so.
However, it is not. It has already been purchased, therefore it is now
secondhand. No one told me this at the time. The original estate
agent's sales report listed the developer as vendor. This was
corrected by the agent some five days later to replace the developer's
name with that of the actual purchaser, a relative of the developer.
The registration of the title with the Land Registry on that first
purchase is still being processed by the LR.

(2) The property's services as listed in the brochure include "mains
drainage". But the drainage is in fact to a privately run sewage
treatment plant that will be maintained via a "Management Company"
which is to be formed by all residents on the development. This is not
my idea of being on mains drainage.

MM


Having bought a fair few houses over the years, I think your "gut
feelings", "warning bells", may have been fully justified,
particularly about the strange sewage works.



  #11   Report Post  
norm
 
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Default

On Tue, 16 Nov 2004 14:41:19 +0000, MM wrote:

On Tue, 16 Nov 2004 14:00:30 -0000, "Al Reynolds"
wrote:


"MM" wrote:
Do I have to give any reason? Or are "gut feelings", "warning bells"
enough?

MM


If there's an obvious reason then you could tell them, but
if it's just that you don't want to buy the house then that
is enough. They may think you're planning to offer less
money, so they may be slightly acrimonious.

Make sure you don't plan on changing your mind, as they
probably won't be too keen on accepting an offer from
someone who has already pulled out once.


I have at least two concrete facts before me that were not made known
to me at the time I made my offer:

(1) The property is advertised as brand-new and appears to be so.
However, it is not. It has already been purchased, therefore it is now
secondhand. No one told me this at the time. The original estate
agent's sales report listed the developer as vendor. This was
corrected by the agent some five days later to replace the developer's
name with that of the actual purchaser, a relative of the developer.
The registration of the title with the Land Registry on that first
purchase is still being processed by the LR.

(2) The property's services as listed in the brochure include "mains
drainage". But the drainage is in fact to a privately run sewage
treatment plant that will be maintained via a "Management Company"
which is to be formed by all residents on the development. This is not
my idea of being on mains drainage.

MM


If you're really in doubt and you're looking for an excuse then
they've possibly given you two. It's a big commitment. If you're not
happy just listen to yourself. You're not obliged to follow things
through until the point you exchange.

norm

  #12   Report Post  
N. Thornton
 
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MM wrote in message news:

I have at least two concrete facts before me that were not made known
to me at the time I made my offer:


If you consider these good reasnos to pull out, youre going to waste a
lot of peoples time, and your own.

NT
  #15   Report Post  
Clive Summerfield
 
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Default

MM wrote:
On 16 Nov 2004 14:14:22 -0800, (N. Thornton) wrote:

MM wrote in message news:

I have at least two concrete facts before me that were not made
known to me at the time I made my offer:


If you consider these good reasnos to pull out, youre going to waste
a lot of peoples time, and your own.


I've spoken to several people and they all agree that it smells fishy
the way I was not told up front about these points (and one or two
others). Why did they only inform me five days after I made the offer
(and had had it accepted) that the house had actually already been
sold to someone else already? They could have explained this. The
agent must have known. You can't offer a property for sale without
knowing who the true owner is. So why try and keep it secret? Same
goes for the sewage treatment plant. Why say 'mains drainage' when it
is not?


You shouldn't rely on the estate agents for anything other than the most
basic factors regarding the property. Their description should be accurate
(within limits), but will be covered with a truly prodigeous number of
get-out clauses. And as long as they have someone who they can charge for
the sale, then they won't bother to look too deeply at the ownership
aspects. After all, the legalities of the purchase are down to the
solicitors. I certainly wouldn't worry too much that they didn't let you
know how the vendor was until the offer was made.

As for the mains drainage, well effectively it is. You don't have a septic
tank, and all the properties sewage is taken by mains sewers, along with
that from the other properties, to a treatment works. That this isn't a
major treatment plant, but is instead a dedicate unit for the development
doesn't invalidate the statement regarding mains sewage.

Now the maintenance aspects and related costs of the private treatment plant
should be a concern, and one for your solicitor to check, though still not
necessarily a reason to pull out (unless costs are going to be significant).

And the people I have consulted have all said that a future buyer
might have exactly the same kinds of questions as me, e.g. why was the
property initially bought and sold so quickly and at such a difference
in price? What will I be able to say? The honest answer is, I don't
know. Many buyers on hearing that would just walk away, as I am now
tempted to do myself. This is not time wasting, this is making darned
sure what one is letting oneself in for before signing on the dotted
line.


I doubt that any future buyer is going to be too concerned over the purchase
history prior to your aquisition of the property. And if it was ever
questioned, then you can make reference to possible tax dodge by the builder
(emminently plausible reason), or localised property boom :^)

Seriously though, there's nothing apart from the potential future cost of
the sewage treatment plant that would give me any concerns. Even the low
NHBC value wouldn't bother me too much. To put you mind at rest, it might be
worth contacting one or two of your potential new neighbours to see how they
feel. After all, they also bought properties from this builder, and are
using the treatment plant.

hth
Clive




  #16   Report Post  
Andrew
 
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Default

"ABC" wrote in message ...
"MM" wrote in message
...
Do I have to give any reason? Or are "gut feelings", "warning bells"
enough?

MM

No reason needed. Either party can pull out of a sale/purchase at anytime
before the contracts are signed.

However, if you do decide to pull out of a purchase, you would have just
wasted money on searches/legal fees/surveys

S


You can sell the searches on and recoup some of this. We bought the
searches for one of our properties from a potential purchaser who was
unable to proceed.

Andrew
  #17   Report Post  
Andrew
 
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MM wrote in message . ..
On 16 Nov 2004 14:14:22 -0800, (N. Thornton) wrote:

MM wrote in message news:

I have at least two concrete facts before me that were not made known
to me at the time I made my offer:


If you consider these good reasnos to pull out, youre going to waste a
lot of peoples time, and your own.


I've spoken to several people and they all agree that it smells fishy
the way I was not told up front about these points (and one or two
others). Why did they only inform me five days after I made the offer
(and had had it accepted) that the house had actually already been
sold to someone else already? They could have explained this. The
agent must have known. You can't offer a property for sale without
knowing who the true owner is. So why try and keep it secret? Same
goes for the sewage treatment plant. Why say 'mains drainage' when it
is not?


Well, it is more "mains" than having a tank in the garden. It still
sounds odd, though. Ask the agent if they've corrected the sales
particulars and whether the property disdescription act would be
relevent here. It may be the vendor who has misled the agent.


And the people I have consulted have all said that a future buyer
might have exactly the same kinds of questions as me, e.g. why was the
property initially bought and sold so quickly and at such a difference
in price? What will I be able to say? The honest answer is, I don't


The chances are that no one will know or even think to ask. We've
*never* been asked about previous ownership of the five houses we've
sold.

Andrew
  #18   Report Post  
:::Jerry::::
 
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Default


"Andrew" wrote in message
m...
snip

You can sell the searches on and recoup some of this. We bought the
searches for one of our properties from a potential purchaser who was
unable to proceed.


I would have thought that would be a legal mine field, who does one blame
if, later, facts come to light that were missed in the search ?


  #19   Report Post  
Tone
 
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probably the relative that bought it purchased it off plan and is
making a tidy sum at the expense of the next purchaser. bet theyve
never set foot in it but are expecting to be laughing all the way to
the bank soon.
  #20   Report Post  
Mike
 
Posts: n/a
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N. Thornton wrote:
MM wrote in message news:


I have at least two concrete facts before me that were not made known
to me at the time I made my offer:



If you consider these good reasnos to pull out, youre going to waste a
lot of peoples time, and your own.

NT

I'm with MM on this.

One house I bought I was put under a lot of pressure by the absentee
vendor to complete. I was resisting wanting to take things at a
sensible rate, I very nearly pulled out as I was sure there was
something odd going on.

Two years later I was visited by the Police, I ended up as a prosecution
witness against the estate agent who actually owned the house. Turned
out they were spotting vendors who were desperate to sell, waiting for
them to get to exchange then telling both vendor and purchasor that the
other had pulled out, the Agants alias steps in and buys at a very low
price. Then the house would appear on the market again.

Trust your instinct.

Also try and get direct contact with your vendor/purchasor. That was
how the eastate agent got caught.



  #23   Report Post  
adder
 
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Default

MM wrote in message . ..

And the people I have consulted have all said that a future buyer
might have exactly the same kinds of questions as me, e.g. why was the
property initially bought and sold so quickly and at such a difference
in price? What will I be able to say? The honest answer is, I don't
know. Many buyers on hearing that would just walk away, as I am now
tempted to do myself. This is not time wasting, this is making darned
sure what one is letting oneself in for before signing on the dotted
line.

MM


Ther's a lot of dodgey dealing that goes on in the building tade, just
like in the motor trade. Sometimes builders can make money (avoid
tax) buy selling to a friend/relative then selling on again. It
doesn't necessarily mean that the house is a bad one.

No doubt the estate agent's details said something to the extent of
"all details are preliminary & are subject to confirmation etc etc."
The mains drainage probably just meant that there wasn't a septic tank
etc.
  #24   Report Post  
 
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Clive Summerfield wrote:

I doubt that any future buyer is going to be too concerned over the purchase
history prior to your aquisition of the property. And if it was ever
questioned, then you can make reference to possible tax dodge by the builder
(emminently plausible reason), or localised property boom :^)

Seriously though, there's nothing apart from the potential future cost of
the sewage treatment plant that would give me any concerns. Even the low
NHBC value wouldn't bother me too much. To put you mind at rest, it might be
worth contacting one or two of your potential new neighbours to see how they
feel. After all, they also bought properties from this builder, and are
using the treatment plant.


aolMe too/aol Mike, if I remember right you're new to this house-buying
game, though no longer in the first flush of youth, right? I think you're
being understandably over-cautious. You're looking at a new build on a
partly-already-settled estate, right? So other buyers haven't found anything
major to worry about in the sewerage arrangements (and ISTR you've already
asked a couple of them outright). The likeliest sort of buyer you'll be
reselling to in 5? 10? years time would be one or two adults, maybe with
a young kid or two - or a couple of people sharing. It's quite unlikely
that they'll be anything like as picky as you are being - if it's got a
scrap of garden, close enough to shops and work, it'll sell.

The minor discrepancy in NHBC-vs-sale values similarly seems like a non-issue
from where I sit. I call it "minor" because as a proportion of the sale value
it's not huge - the absolute amount might seem like a lot to thee or me, but
for the developer it's down in the small change ;-) Unless your solicitor
spontaneously tells you it's a deal-breaker, I wouldn't lose sleep over it.

Stefek
  #26   Report Post  
MM
 
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Default

On Wed, 17 Nov 2004 09:54:47 GMT, "Clive Summerfield"
wrote:

Seriously though, there's nothing apart from the potential future cost of
the sewage treatment plant that would give me any concerns. Even the low
NHBC value wouldn't bother me too much. To put you mind at rest, it might be
worth contacting one or two of your potential new neighbours to see how they
feel. After all, they also bought properties from this builder, and are
using the treatment plant.


I have spoken to two neighbours, one in person, the other on the
phone, and both assured me without prompting that they were thoroughly
happy with their properties, that the latter were solidly built, and
that there was no problem they knew of in respect of the sewage
treatment plant. I suppose it's just because where I currently live in
the shires close to London such private sewage treatment plants are
unheard of. But where I am moving to they are commonplace. The estate
agent said that they are so good that nowadays they are even being
used for very small developments of two to three bungalows instead of
a septic tank for each.

MM
  #27   Report Post  
MM
 
Posts: n/a
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On Wed, 17 Nov 2004 11:20:41 -0600, wrote:

aolMe too/aol Mike, if I remember right you're new to this house-buying
game,


Correct!

though no longer in the first flush of youth, right?


I'm 59. But inside I feel like I'm 17...

I think you're
being understandably over-cautious.


Very likely. I am a pedant, a perfectionist and a born worrier. It's
the cross I have to bear!

You're looking at a new build on a
partly-already-settled estate, right?


Yes.

So other buyers haven't found anything
major to worry about in the sewerage arrangements (and ISTR you've already
asked a couple of them outright).


Correct on both.

The likeliest sort of buyer you'll be
reselling to in 5? 10? years time would be one or two adults, maybe with
a young kid or two - or a couple of people sharing. It's quite unlikely
that they'll be anything like as picky as you are being - if it's got a
scrap of garden, close enough to shops and work, it'll sell.


Yeah, I reckon that is pretty much going to be the case. And by then I
might have gone completely ga-ga anyway and be left at a hospital
somewhere with all identification removed.

The minor discrepancy in NHBC-vs-sale values similarly seems like a non-issue
from where I sit. I call it "minor" because as a proportion of the sale value
it's not huge - the absolute amount might seem like a lot to thee or me, but
for the developer it's down in the small change ;-) Unless your solicitor
spontaneously tells you it's a deal-breaker, I wouldn't lose sleep over it.


My solicitor raised it as a minor issue, but did not give me the
impression that he would be unduly concerned either.

Anyway, I shall probably keep on worrying until the day I move in, and
then when everything turns out to be fine after all, I shall no doubt
find something else to worry about.

MM
  #28   Report Post  
MM
 
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On 17 Nov 2004 02:20:47 -0800, (Andrew)
wrote:

Well, it is more "mains" than having a tank in the garden. It still
sounds odd, though. Ask the agent if they've corrected the sales
particulars and whether the property disdescription act would be
relevent here. It may be the vendor who has misled the agent.


I think it's the fact that in Lincs these private sewage treatment
plants are quite widely used now, so that people in general just think
of them as 'the' sewerage system. My estate agent did apologise when I
pointed it out, but said that they can only go on what the vendor
tells them.

Item: The development includes a mix of houses, and some of them are
extremely large 4 double-bed detached with double garages (absolutely
massive, they are!) and the kinds of owner living in these houses are
going to have some clout, I assume, if push ever came to shove and
there were some disagreement about how the plant were being run. I
expect among the 35 or so householders there will be a canny few (or a
lot!).

And the people I have consulted have all said that a future buyer
might have exactly the same kinds of questions as me, e.g. why was the
property initially bought and sold so quickly and at such a difference
in price? What will I be able to say? The honest answer is, I don't


The chances are that no one will know or even think to ask. We've
*never* been asked about previous ownership of the five houses we've
sold.


My problem is that I cannot think like most (probably much younger)
people do. For instance, it is usual now to conduct nearly all
business over the phone, but I am used to the days when everything was
put in writing. Unless I see something in writing, on a sheet of paper
I can hold or show to other people and stab my finger at a sentence
and say, there! Look, there! That's what they wrote! Unless I see
that, I tend to get discombobulated. I try to inculcate a desire in
others to send me letters by writing to them, but ten to one, they
only ring back. The other day I wanted a removal quote and the lady
said, give me your email, and I said, can't she send it to me in
writing, and she said, well, it *would* be in writing (i.e. via
email), wouldn't it! My brother and I were discussing this last night
and we both came to the conclusion that this is why we all die. It's
because we finally understand absolutely nothing about the world we
are living in, and thus have to make way for the next generation to
learn it all over again.

MM
  #29   Report Post  
MM
 
Posts: n/a
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On Wed, 17 Nov 2004 13:07:27 +0000, Mike wrote:

N. Thornton wrote:
MM wrote in message news:


I have at least two concrete facts before me that were not made known
to me at the time I made my offer:



If you consider these good reasnos to pull out, youre going to waste a
lot of peoples time, and your own.

NT

I'm with MM on this.

One house I bought I was put under a lot of pressure by the absentee
vendor to complete. I was resisting wanting to take things at a
sensible rate, I very nearly pulled out as I was sure there was
something odd going on.

Two years later I was visited by the Police, I ended up as a prosecution
witness against the estate agent who actually owned the house. Turned
out they were spotting vendors who were desperate to sell, waiting for
them to get to exchange then telling both vendor and purchasor that the
other had pulled out, the Agants alias steps in and buys at a very low
price. Then the house would appear on the market again.

Trust your instinct.

Also try and get direct contact with your vendor/purchasor. That was
how the eastate agent got caught.


My solicitor is making enquiries as to the bona fides of and reason
for the previous transaction followed by immediate sale.

MM
  #30   Report Post  
chris French
 
Posts: n/a
Default

In message , N.
Thornton writes
(Tone) wrote in message
. com...
probably the relative that bought it purchased it off plan and is
making a tidy sum at the expense of the next purchaser. bet theyve
never set foot in it but are expecting to be laughing all the way to
the bank soon.


what do you mean by 'off plan'?


It means buying the house before it is built - when all you have are
the plans (hence 'off plan')

--
Chris French, Leeds


  #31   Report Post  
Owain
 
Posts: n/a
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"MM" wrote
| ... I suppose it's just because where I currently live in
| the shires close to London such private sewage treatment
| plants are unheard of. But where I am moving to they are
| commonplace. The estate agent said that they are so good
| that nowadays they are even being used for very small
| developments of two to three bungalows instead of a
| septic tank for each.

They are being used because
(a) public sewage plant has no spare capacity and planning permission is
being refused unless private sewage arrangments are made
(b) the Environment people are enforcing more stringent requirements on
effluents, so septic tanks are prohibited in many locations

They are being used because they have to be, not because theyr'e "so good".
Not that there's anything wrong with them technically, but ownership and
maintenance is an issue with any communal system, particularly one which has
the possibility of going as offensively and expensively wrong as Drains. I
would probably be happy with one if the ownership and maintenance was
co-operatively owned by the householders using it and a majority decision on
maintenance was binding on the others (ie one stubborn owner can't hold up
essential work or refuse to pay their share) but less happy if it was, say,
the developer's own management company operating at a profit and
unaccountable to the householders.

Owain


  #32   Report Post  
Christian McArdle
 
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My solicitor is making enquiries as to the bona fides of and reason
for the previous transaction followed by immediate sale.


There's plenty of possible reasons. It could be as simple as using up a
relative's capital gains allowance, or giving them money without potential
inheritance tax.

Christian.


  #33   Report Post  
Christian McArdle
 
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but less happy if it was, say, the developer's own management company
operating at a profit and unaccountable to the householders.


But what difference if it is a developer running a for-profit sewage system
than a water company? Is there a size limit to come under OFWAT or OFTURD or
whoever is responsible?

Christian.


  #34   Report Post  
Owain
 
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"Christian McArdle" wrote
| but less happy if it was, say, the developer's own management
| company operating at a profit and unaccountable to the householders.
| But what difference if it is a developer running a for-profit sewage
| system than a water company? Is there a size limit to come under OFWAT
| or OFTURD or whoever is responsible?

The developer may not come under Ofturd :-) by virtue of being a private
supplier to a limited development rather than a statutory undertaking for
public supply. Also, a 200% hike in charges affecting a few dozen homes is
less likely to attract Parliamentary scrutiny than one affecting a few
million.

Owain


  #35   Report Post  
MM
 
Posts: n/a
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On Thu, 18 Nov 2004 13:20:06 -0000, "Owain"
wrote:

"MM" wrote
| ... I suppose it's just because where I currently live in
| the shires close to London such private sewage treatment
| plants are unheard of. But where I am moving to they are
| commonplace. The estate agent said that they are so good
| that nowadays they are even being used for very small
| developments of two to three bungalows instead of a
| septic tank for each.

They are being used because
(a) public sewage plant has no spare capacity and planning permission is
being refused unless private sewage arrangments are made
(b) the Environment people are enforcing more stringent requirements on
effluents, so septic tanks are prohibited in many locations

They are being used because they have to be, not because theyr'e "so good".
Not that there's anything wrong with them technically, but ownership and
maintenance is an issue with any communal system, particularly one which has
the possibility of going as offensively and expensively wrong as Drains. I
would probably be happy with one if the ownership and maintenance was
co-operatively owned by the householders using it and a majority decision on
maintenance was binding on the others (ie one stubborn owner can't hold up
essential work or refuse to pay their share) but less happy if it was, say,
the developer's own management company operating at a profit and
unaccountable to the householders.


The residents on the development will all form the "Management
Company". This is the latest little extra nugget of knowledge I
recently obtained. All good fun! (But you're not completely correct in
(a) in that many of the far off-the-beaten-track places (e.g. in
Lincs) simply have no sewers anywhere near them, and the cost to lay
same would be prohibitive. Put it this way, I'd rather have a sewer,
but I also do want to live off-the-beaten-track, away from it all.
There's not much point going to all this hassle, then moving to Boston
or Spalding. I might as well stay put instead. I want wide open
spaces, and the nearest major conurbation to me in a seawardly
direction will be Norway.

MM


  #36   Report Post  
Andy Hall
 
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On Thu, 18 Nov 2004 22:14:39 -0000, "Owain"
wrote:

"Christian McArdle" wrote
| but less happy if it was, say, the developer's own management
| company operating at a profit and unaccountable to the householders.
| But what difference if it is a developer running a for-profit sewage
| system than a water company? Is there a size limit to come under OFWAT
| or OFTURD or whoever is responsible?

The developer may not come under Ofturd :-) by virtue of being a private
supplier to a limited development rather than a statutory undertaking for
public supply. Also, a 200% hike in charges affecting a few dozen homes is
less likely to attract Parliamentary scrutiny than one affecting a few
million.

Owain


They'd probably invoke the Parliament Act since the issue wouldn't
actually justify parliamentary attention. I can just see Michael
Martin brandishing a toilet plunger........




--

..andy

To email, substitute .nospam with .gl
  #37   Report Post  
MM
 
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On Thu, 18 Nov 2004 16:50:20 -0000, "Christian McArdle"
wrote:

but less happy if it was, say, the developer's own management company
operating at a profit and unaccountable to the householders.


But what difference if it is a developer running a for-profit sewage system
than a water company? Is there a size limit to come under OFWAT or OFTURD or
whoever is responsible?


I've always been waiting for the Govt to come up with a new Office for
Effluent, or OfEff.

MM
  #38   Report Post  
Andy Hall
 
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On Fri, 19 Nov 2004 00:12:30 +0000, MM wrote:

On Thu, 18 Nov 2004 16:50:20 -0000, "Christian McArdle"
wrote:

but less happy if it was, say, the developer's own management company
operating at a profit and unaccountable to the householders.


But what difference if it is a developer running a for-profit sewage system
than a water company? Is there a size limit to come under OFWAT or OFTURD or
whoever is responsible?


I've always been waiting for the Govt to come up with a new Office for
Effluent, or OfEff.

MM



Or better yet, the Effluent Office - EffOff.



--

..andy

To email, substitute .nospam with .gl
  #39   Report Post  
big al - Peoples Pal
 
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"chris French" wrote in message
...
In message , Neil Jones
writes
MM wrote:
On Tue, 16 Nov 2004 14:00:30 -0000, "Al Reynolds"
wrote:


"MM" wrote:
Do I have to give any reason? Or are "gut feelings", "warning bells"
enough?

MM

If there's an obvious reason then you could tell them, but
if it's just that you don't want to buy the house then that
is enough. They may think you're planning to offer less
money, so they may be slightly acrimonious.

Make sure you don't plan on changing your mind, as they
probably won't be too keen on accepting an offer from
someone who has already pulled out once.

I have at least two concrete facts before me that were not made known
to me at the time I made my offer:

(1) The property is advertised as brand-new and appears to be so.
However, it is not. It has already been purchased, therefore it is now
secondhand.
.

(2) The property's services as listed in the brochure include "mains
drainage". But the drainage is in fact to a privately run sewage
treatment plant that will be maintained via a "Management Company"
which is to be formed by all residents on the development. This is not
my idea of being on mains drainage.


Your solicitor should have advised you not to pay any attention to
anything told to you by anyone other than in answer to a question he put
to the vendor via *his* solicitor.

Without more information I wouldn't have thought either of them was
particularly problematic.


snip

No, neither of these things are necessarily a deal breaker, it very much
depends on the negotiations.

I would try to give reasons if possible, esp. if I thought I might be
buying via the same estate agents again - you don't want a reputation with
them as someone not to be taken seriously.



I'd tend to agree that none of these things are a deal breaker, just an
opportunity for negotiation.

i.e. a) Your worried that any snagging that may be required by the developer
will not be carried out as it is not the developer that your buying from, as
you were led to believe. Get the correct reassurances and/or a discount

b) You were led to believe that the property was on main sewerage,
thats not the case, get a discount (a new system is unlikely to need a lot
of maintenance for quite a few years)

Its not a problem to say that your first instinct was to pull out of
purchasing the house, but you want to give them the opportunity to solve the
problems/reassure you, before doing so.

We had a perceived problem with the roof of the house we were purchasing, it
wasn't a deal breaker, but it could have been if we hadn't got the correct
documentation from the vendor.

Good Luck.


--
Big Al - The Peoples Pal
http://www.berkswelldirect.com/index.html
Gowns for Gorgeous Women


  #40   Report Post  
Owain
 
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"MM" wrote
| The residents on the development will all form the
| "Management Company". This is the latest little extra
| nugget of knowledge I recently obtained. All good fun!

I think that is reassuring.

| (But you're not completely correct in (a) in that many of the
| far off-the-beaten-track places (e.g. in Lincs)

Well, yes, but Lincs isn't really off-the-beaten-track. I speak as someone
who endured childhood holidays in Cape Wrath. I bet there's even a Waitrose
in Lincs.

| I want wide open spaces, and the nearest major conurbation
| to me in a seawardly direction will be Norway.

Reminds me of the story of a soldier or sailor based on Shetland during the
war, filling in a docket for travel warrant, wrote in Oslo for "nearest
railway station"

Owain


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