How long is given to comply with Consv Officer?

[Lime]

I'm late to this thread but I'd have asked my solicitor to request details of planning permissions etc.
I can understand the soft option when negotiations are in progress but to have fair negotiations you must be informed of the facts particularly in this case where the purchaser can be held liable to reinstate the illegally removed/altered items.
The vendors cannot duck out of this and if it requires them to take a large discount on their asking price, then so be it.
If they do not know what has been done or cannot provide the necessary paperwork then it must be presumed permission was not obtained.
Oddbod is in a very strong position.
Once vendor's solicitor has picked up the fact that there is a problem with the sale, even if oddbod backs out and/or the relatives refuse to budge, any other potential purchaser will have to be informed of the problem by them.
.......... that is precisely what a solicitor is charged to do when processing a conveyance under Law Society guidlines.
The vendors are in a very weak position and any purchaser should not be expected to pick up the tab on behalf of the estate of the deceased.

I agree with all of that in terms of the rights and wrongs of the situation. However, to suggest Oddbod is in a strong position is to assume the vendor will behave rationally. Who knows how they will react? They may take umbrage at being 'caught out' and therefore not accept any offer from Oddbod out of principle for 'messing up' their sale, preferring to sell to someone else - perhaps even at a lower price. Or they may prefer to hold on in a vain hope that someone else may be prepared to overlook the costs of corrective works. The eventual outcome may be the same, but Oddbod would have lost the opportunity. That may or may not matter, which is yet another factor in such negotiations.

The basic facts of the matter may be quite clear but the vendor's emotions may be quite another, and any potential purchaser can only make offers - they cannot compel the vendor to make sensible decisions.

This is a situation where being friendly with the vendors prior to this difficulty being sorted out by the solicitors is a dangerous thing.
Basically neither knows exactly where they stand so how can any sensible "negotiations" take place?
Bad decisions are likely to be made with bad blood too.
I would have left this to the solicitors to sort out before discussing any of it with the vendors.
When the solicitors have sorted it out THEN talk to the vendors about it and amicable decisions can be agreed.
It is much easier to be firm about something and put the blame on the solicitors rather than taking the blame yourself.

 

[Flyfisher]

I entirely agree that having solicitors as a 'buffer' to deflect any blame, real or perceived, can be a useful negotiation tool, but in the end solicitors can only advise and they have to be instructed by their clients. So solicitors can only 'sort things out' as far as gathering the facts, they can't really make any decisions about what to do about those facts, only advise.

 

[Lime]

I entirely agree that having solicitors as a 'buffer' to deflect any blame, real or perceived, can be a useful negotiation tool, but in the end solicitors can only advise and they have to be instructed by their clients. So solicitors can only 'sort things out' as far as gathering the facts, they can't really make any decisions about what to do about those facts, only advise.

I agree.
However in this case the facts are not fully gathered nor confirmed and any discussion without understanding the legal implications implicit to those facts is particularly dangerous.

 

[Flyfisher]

Fair point and I agree in principle - informed decisions should certainly be the better ones but, as the saying goes, there's nowt as strange as folk.

 

[oddbod]

Thanks for all the input!
We are assuming @garnett is, or at least has some experience of,a Conservation Officer? This Post gave us some comfort and a little reassurance!
We have contacted the Vendor and given them our "Guesstimate"(a local Joiner gave us a clue as to making sashes and Door and Furniture , plus fitting and internals in the best Hardwood ) of replacing 7 UPVC Windows and a UPVC Front Door, which was costed to around £20k all in.
We informed the Estate Agent who informed the Vendor, who has got back 2 weeks later, to tell us "That's expensive" but have been unable to come up with a quote that suits their idea of cheap. We have suggested they get a costed quote and get back with an offer that is OK with both of us.

As to allowing Solicitors to act as arbiters I would have to say that in my (limited) experience, anything beyond their narrow field (in this case Conveyancing) causes Cerebral Paralysis. We have been waiting 6 weeks for the Vendors Solicitor to SEND a request to the Land Registry and would imagine conducting negotiations via Solicitors would be Glacial and costly as Conveyancing is costed at £96/hr + Disbursements, so who knows how much they charge to negotiate Price Costings!

 

[mims&pip]

oddbod, not sure which part of the country you are in - or what size windows - but for comparison we had a highly recommended reputable local joinery company make seven hardwood replacement double glazed sash windows with acoustic glass for the two lower floors at the front elevation of our non-listed Georgian Wiltshire/Dorset border house in 2014. These cost just under £10k.......

Mims x

 

[MatthewC]

solicitors ..... can't really make any decisions

That's my experience. I once had one who wrote to me asking if I would pay £10 more for "office copies" or something, thereby putting the £205k sale on hold for a further few days...

Hopefully this lovely place is our last house so I shall never have to go through that dreadful process again, either buying or selling.