This whole story epitomises exactly what is going on in the property market at the moment. Don't feel that you are alone
Eventhough there are clear planning irregularities, the Solicitors advice in this case is to sign the contract anyway subject to a get out clause if the loan is not forthcoming....... This is really bad advice from the Solicitor.
Nothing should be signed in any property deal where there are serious irregularities in planning or in title. If there are irrregularities, then the Buyers need to put as much pressure as possible on the Vendors to resolve them. The ultimate pressure that a Buyer can place on a Vendor is to refuse to sign the contract. In many cases it will transpire that the irregularities can only be partly resolved and in those cases you need to allow yourself lattitude to renegotiate on price.If you have already signed the contract, there is little scope for that.
In my oppinion people get confused about the role and skills of the Solicitor. The Solicitor can be relied upon to get the technical legal matters correct. You cannot however rely on the Solicitor to manage the deal on your behalf.Very often they come up short in this area. Too often the Solicitor is worried that the deal will break down and that several weeks of his work will go unpaid. Solicitors have an interest in getting the contract signed as quickly as possible to protect their own interests. Signing the contract will bind you to the deal at a time when you should be considering if it is wise to go ahead or not due to the said difficulties.
Eventhough there are clear planning irregularities, the Solicitors advice in this case is to sign the contract anyway subject to a get out clause if the loan is not forthcoming....... This is really bad advice from the Solicitor.
Nothing should be signed in any property deal where there are serious irregularities in planning or in title. If there are irrregularities, then the Buyers need to put as much pressure as possible on the Vendors to resolve them. The ultimate pressure that a Buyer can place on a Vendor is to refuse to sign the contract. In many cases it will transpire that the irregularities can only be partly resolved and in those cases you need to allow yourself lattitude to renegotiate on price.If you have already signed the contract, there is little scope for that.
In my oppinion people get confused about the role and skills of the Solicitor. The Solicitor can be relied upon to get the technical legal matters correct. You cannot however rely on the Solicitor to manage the deal on your behalf.Very often they come up short in this area. Too often the Solicitor is worried that the deal will break down and that several weeks of his work will go unpaid. Solicitors have an interest in getting the contract signed as quickly as possible to protect their own interests. Signing the contract will bind you to the deal at a time when you should be considering if it is wise to go ahead or not due to the said difficulties.