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Please help a sale went through with some intresting T&C's!

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  • Please help a sale went through with some intresting T&C's!

    Please let me know what you all make of this!

    My father (a builder) knew of a dilapidated bungalow in the local area that he was interested in purchasing to renovate and live in. My dad located the owner as he lived a couple of miles away (the property was not on the market) and agreed a purchase price with him, my dad paid all of his soliciting fee’s etc to get the house sale put through and moved in a couple of months later.

    The bungalow hadn’t been lived in for 30+ years and was a state! My father gutted the place changed the layout slightly and put in new UPVC windows in as the old wooden ones were literally falling out and proceeding to renovate the place, a few months later he successfully got planning permission from the local council to do a loft conversion which he had just started when.......

    The previous owner (Mr F for this purpose) instructed his solicitor to take my father to court for damages and to have the bungalow put back to its original style, this included all the new windows removed and wooden framed ones installed the walls back in where my father had re-configured the layout and the loft conversion! Plus a few other bits and pieces. I think Mr F really just wanted the property renovated and not modified as it was his parent’s house and obviously some sentimental reason here!

    It turns out that Mr F had put a clause in the terms and conditions of sale that any owner could not modify or change the appearance of the property without his consent!

    I will stress now this was not a covenant, it was a paragraph put into the T&C’s of the sale contract.

    Has anyone in their professional capacity ever heard or dealt with something like this or has anyone been a homeowner and dealt with this?

    My dad is very worried, I personally don’t think it’s a lawful clause to put into a contract but as my dad paid Mr F a substantial amount for the property he now has allot of money to try and sue my dad!

    If anyone has any advice it would be most appreciated, also if anyone would like further details just ask.
    Last edited by Alex250; 06-10-2008, 01:58 PM.

  • #2
    Definitely seek legal advice - whether the clause was included or not doesn't mean to say it's enforceable - in fact, on a personal level, I would find it strange if a court would uphold any such condition of sale once the property has been sold.


    • #3
      I agree, what’s next? Putting clauses in that say you must paint the property pink every year!

      I personally can’t see how a court could up hold it either, but I’m struggling to find any statute documents relating to this or any other similar cases.

      Currently the case will have its preliminary hearing in the next few weeks with the main case being early next year, so the solicitors are involved but aren’t willing to comment on the outcome apart from "its a strange one"!

      As again any more advice or knowledge on this subject would be most appreciated.


      • #4

        It went to the preliminary court hearing and my dad won! The judge said basically it was an unreasonable and unrealistic clause and if it went to court he would go in my dads favour so Mr F has backed down!

        Thought i would post this incase anyone else has a prat of a seller!


        • #5
          Excellent - many thanks for letting us know the result.