Q. My husband and I agreed with a local farmer to purchase a site from him for €75,000. The contract was subject to us obtaining planning permission within a period of four months. We engaged an architect, had plans drawn, completed a percolation test on the site and applied for planning permission almost immediately. The council then requested extra information, which we furnished to them as early as reasonably possible. Unfortunately, the planning was not granted within the four-month period, but a week later. The day after the four-month period was up, the farmer sent a letter to our solicitor stating that he was not proceeding with the contract as we did not obtain planning within the agreed period. We subsequently heard from a neighbour that the farmer’s son is interested in building a house on the land. Our solicitor says there is not much we can do. Would you have a view on this?
Dear Reader,
Unfortunately, your solicitor may be correct as, from what you tell me, the contracts were subject to a obtaining planning permission within a period of four months. This was not fulfilled, so at an initial glance it is open to the farmer to pull out of the sale to you.
That said, it is unusual that a vendor would not proceed with the sale of the site as you were only a day out of the four-month time period. I would certainly investigate the matter further, particularly as you say the farmer’s son has now showed an interest in the site.
I would look closely at the behaviour of the farmer throughout the planning process. You say that the council required extra information, did this extra information require you to go to the farmer looking for information and did the farmer reply promptly to any queries raised by you?
If the farmer delayed in responding, then you might be able to argue that it was due to the farmer’s delay in responding to queries that resulted in you not fulfilling the condition of planning permission within the four-month period.
If there is any question of an inordinate delay by the farmer reverting to you in relation to queries raised by the council, I would go back to your solicitor to see if they could issue proceedings for “specific performance” of a contract on the basis of “part performance” of the contracts on the basis that you spent money on applying for planning permission.
Once these proceedings are issued, you can immediately register what is termed a “lis pendens” on the property to prevent it being sold to another purchaser or indeed being transferred to perhaps the farmer’s son until your case is heard.
As the hearing of any case can take a considerable period of time to come to court, perhaps the farmer might reconsider his position in light of the fact that he will be unable to deal with the property whilst the “lis pendens” is in being and that may very well encourage him to proceed with the sale to you.
