PrincessDottie

Hi all,

We've recently had an offer accepted on a property and deposit paid via ERA. They've sent out the letters to the neighbours, if a neighbour wants to buy do we get our deposit back in full? Or double as would happen if the seller pulled out?

Thanks!

Shanorme

I can't offer any advice on this one. It does sound rather bizarre though in terms of timing. I mean surely they should have sent the letters out when the house first came on the market?

PrincessDottie

I thought so too but apparently that's the normal process for ERA

Shanorme

Very odd! Best of luck with your purchase.

ouriquejan

It's quite normal in rural areas. The letters can only be sent out once an offer has been tendered. It goes to all immediate neighbours and they have 10 days to make an offer, either matching or more than yours.

Very doubtful any of them would do it, as they would be aware of the property being on the market and could have offered for it then.

You would get double your deposit back, if they accepted a better offer, so it's highly unlikely.

TonyJ1

The neighbour is allowed first refusal for the price offered. When a property is placed on the market, the seller can name any price, does not mean that it is a realistic price. Until there is a written offer, any price set is 'pie in the sky'

TonyJ1

In these circumstances there is no 'double money back. This comes from the law. The neighbours do not have to offer more money, merely match it.

TonyJ1

This comes from the law. If the sale had gone ahead without offering it to the neighbours, they could force a resale for the price paid within 1 years for the original price paid.

PrincessDottie

Thanks all! I thought it was very strange but I'm happy to follow PT process. Just wish it all didn't take so long so I know quicker whether I am losing the house or not! The next problem is the exemption from habitation licence has not materialised as promised by the vendor

Rambling archer

Do you have a lawyer to help you with the process, and chase up anything odd outstanding, such as the "exemption from habitation licence", and if are you doing it through an estate agents office (ERA) they should help you throughout the process?

PrincessDottie

Yes i've got a great lawyer on the case and she's chasing daily for it so hopefully it's just a waiting game

atlasthemonk

I thought the 10 day rule was only for land and not for a house.
2 as the seller defaulted by not selling you what was advertised ie a habitable property, can you claim the double deposit rebate and call the sale off ?

PrincessDottie

It's a house with land. I did wonder about that but i don't think i can right now as the seller is still saying he's going to send it over. I presume he technically won't have defaulted until he admits there isn't a certificate (although still hoping there is and it's just a waiting game!)

coleio

This is just so basic - It's usually a rustic article of land which is of interest and the people next to it should have been consulted/informed. Your lawyer is responsible for advising you so is the person to advise you if they have not done so then ask for their complaints book and put in an official complaint.

Rambling archer

Am I right in remembering that the Habitation License is actually only valid for a period of time - 10 years springs to mind - so when a house is put up for sale the owner gets a previous license, maybe got many years before, updated by the Camara, or if it for some reason never had one, applies anew ... and since a property can be on the market for a matter of years before they get a viable offer, the application for license is delayed til that time or you might get only 5 or 8 years worth of license with your house. Ours built in the 1980s had all the building permits etc etc but at that time it wasn't the done thing to get a habitation license, but the request made as we put our offer in seemed straightforward even if it did take a couple of months to come through, and thus delayed the actual purchase going through ... bascially the Camara wanted to check/inspect that there had been no additional building over the years (and demanded a lean-to shed was removed before granting the license!)

I remember that at the signing before the notary, one thing checked by the notary was that the neighbours had been given first refusal, but I couldn't say at what stage that was completed.