signed contracts but outstanding issues

[bobo]

Hi, we are in the process of buying a 2nd hand home. Our solicitor asked us to come in and sign contracts and loan offer which we did, however, she told us she will not release them until the vendors solicitors forwards appropriate certificates / planning permission for the kitchen extension and some other works around the property. Is this normal? What if the certificates aren't forthcoming - can i ask to see them or better still should i not get a copy of them from the solicitor for future reference in case we want to sell the house on? Should i have signed the contracts at all?

 

[gonk]

Your solicitor is doing her job cautiously & properly. If you buy without proper evidence that any extensions etc were done in accordance with building regulations and planning law, any enforcement issues that arise subsequently will be your problem, not the vendors.

If the certificates aren't forthcoming it may not be a showstopper, depending on the seriousness of the issue. I had a situation buying a house where the seller had put in a Velux which needed planning permission. Our solicitor made the purchase conditional on the vendor getting permission to retain the window at his expense. A kitchen extension is a bigger matter, and if the vendor can't satisfy your solicitor that it's kosher, you might be as well to pull out. As you say, it could be a problem if you were reselling, not to mention right now with your mortgage lender.

Don't worry about having signed the contracts. Your solicitor won't return them to the seller's solicitor unless she's satisfied that everything's in order. Until the contract is returned to the seller, it's not binding on you, even though you've signed it.