hibs.net Messageboard

Results 1 to 22 of 22
  1. #1

    Urgent advice needed - pulling out an accepted offer for a house

    Really needing some advice from those in the know folks.

    At lunchtime today we had an offer accepted on a house, really significant amount after ages saving.

    Couple of hours ago, I took a family friend to see it in the car. She was instantly shocked at the house I bought. Immediately over the wall, i.e. my neighbour on one side is a beautiful big building, it was originally a lovely B and B. When I viewed the house, the owner told me it had recently changed from a B and B to a 'care home'.

    There is no sign to specify what the building actually is.

    It turns out that it is not a care home but rather a half-way house. They have a really open and honest website, what jumps out in the opening paragraph is this...

    The ******** Clinic is made up of a well-established 36 bedded low secure hospital, and an 8 bedded specialised step-down facility for men and women with mental illness and/or personality disorder.
    Patients who will benefit from low secure services a ******** Clinic include:

    People detained under the Mental Health or Criminal Procedures Acts
    People who require specialist safety management and rehabilitation

    I know that some folk on here will work in the Mental Health sector and you will be very passionate about your work and the care of your patients but I have a 20 month old daughter and I simply couldn't relax with her out alone in the back garden as she grows up.

    I want to pull out the purchase. I only offered today, can I pull out on Monday and what should I say? The truth or something like the bank won't lend us enough?

    I'm truly gutted.

    Just want to say that I mean to cause no offence re what is a very emotive subject for many folk. Please do not be offended.



  2. Log in to remove the advert

  3. #2
    @hibs.net private member Just Alf's Avatar
    Join Date
    Jan 2005
    Location
    The 'Mains
    Posts
    2,735
    If they told you it was a care home and it's not then they have misrepresented the situation and you are 100% within your rights to cancel, even up to the very last minute of handing the keys over far less a few days after agreeing.

    Sent from my SM-G925F using Tapatalk
    "The word "genius" isn't applicable in football. A genius is a guy like Norman Einstein."
    --Joe Theisman, NFL football quarterback & sports analyst.

  4. #3
    Scottish Cup Victory - Witness 2016 Scouse Hibby's Avatar
    Join Date
    Oct 2006
    Age
    50
    Posts
    15,112
    Quote Originally Posted by chlub Hibernian View Post
    This quote is hidden because you are ignoring this member. Show Quote
    Really needing some advice from those in the know folks.

    At lunchtime today we had an offer accepted on a house, really significant amount after ages saving.

    Couple of hours ago, I took a family friend to see it in the car. She was instantly shocked at the house I bought. Immediately over the wall, i.e. my neighbour on one side is a beautiful big building, it was originally a lovely B and B. When I viewed the house, the owner told me it had recently changed from a B and B to a 'care home'.

    There is no sign to specify what the building actually is.

    It turns out that it is not a care home but rather a half-way house. They have a really open and honest website, what jumps out in the opening paragraph is this...

    The ******** Clinic is made up of a well-established 36 bedded low secure hospital, and an 8 bedded specialised step-down facility for men and women with mental illness and/or personality disorder.
    Patients who will benefit from low secure services a ******** Clinic include:

    People detained under the Mental Health or Criminal Procedures Acts
    People who require specialist safety management and rehabilitation

    I know that some folk on here will work in the Mental Health sector and you will be very passionate about your work and the care of your patients but I have a 20 month old daughter and I simply couldn't relax with her out alone in the back garden as she grows up.

    I want to pull out the purchase. I only offered today, can I pull out on Monday and what should I say? The truth or something like the bank won't lend us enough?

    I'm truly gutted.

    Just want to say that I mean to cause no offence re what is a very emotive subject for many folk. Please do not be offended.

    My neighbour recently had their buyer pull out stating financial issues as the reason.
    "If a player is not interfering with play or seeking to gain
    an advantage, then he should be."

  5. #4
    First Team Regular Zondervan's Avatar
    Join Date
    May 2002
    Location
    Leith
    Posts
    520
    Yes. Unless you have signed the missives then you can pull out.

    We had 2 offers on our house a while back, accepted them, but the buyers pulled out with no reason given.

    Assume you are in Scotland, as it may be different in England or Wales.


    Sent from my iPhone using Tapatalk

  6. #5
    Thanks for the replies so far.

    I am indeed in Scotland.

    Despite this late hour I phoned the telephone number.

    The 'secure unit' is actually 20 minutes up the road in a recently completed new build premises after the planning application was rejected at the premises neighbouring my potential new property.

    The property next to me was converted to 8 supported living flats, I believe that these are referred to a as 'step-down' facility.

    I've also learned that they are only occupied by females. They are essentially the last step before the patients return to living in the community. They said that I might even get a tour of the premises as a potential neighbour.

    My head is spinning, I buried my dad yesterday and I'm all over the place, however, despite all of this I can't be buying a property if its a risk. \

    What do you think folks?

  7. #6
    @hibs.net private member Pete's Avatar
    Join Date
    Nov 2002
    Location
    North stand
    Posts
    15,297
    I would tell you to go with your gut instinct but I appreciate you might be a bit all over the place now.

    I would be looking elsewhere personally. There will be other houses that aren't such a gamble...and it sounds like one regardless of the reassurances.

  8. #7
    @hibs.net private member woodythehibee's Avatar
    Join Date
    May 2005
    Location
    Edinburgh
    Age
    28
    Posts
    4,225
    You can definitely withdraw without penalty as long as missives aren't concluded

  9. #8
    @hibs.net private member Peevemor's Avatar
    Join Date
    May 2003
    Location
    Saint-Malo, Brittany
    Age
    50
    Posts
    16,395
    You wouldn't have made the offer if you'd had all the information beforehand. If you have doubts then withdraw - buying property is the biggest purchase that people make so you have to be sure that you're doing the right thing.

    You should also consider the effect that this neighbour could have should you decide to sell in future.

    And don't worry about whether your decision is morally right or wrong. When I was single I had a flat in Albert Street and there was much mentalness in the stair (including a small-time dealer on the same landing). I didn't bother me as I hardly ever in anyway and I have good memories of my time there.

    Would I choose to raise my daughters there? No danger!

  10. #9
    @hibs.net private member overdrive's Avatar
    Join Date
    Apr 2002
    Location
    Bellevue
    Age
    32
    Posts
    4,149
    If you can pull out, pull out. In our first flat (rented) we had a half way house over the lane from us. We had to phone the police several times due to severe disturbances outside (the worst was a guy who claimed he had a gun and was going shoot if so-and-so didn't show his face pronto).

    We then bought a place (our current place) in what we thought was a lovely residential development, and it largely is. After moving in, we soon discovered there were two half way houses (aka 'guest houses') 30 seconds round the corner from us. Luckily we aren't the end terrace nearest them as the 'down and outs' congregate in their garden but the nice public gardens nearby are full of them and the police are pretty much constantly there which in a weird way is comforting as they were nowhere to be seen near the place at our last place (which was in the middle of nice "middle class" Bruntsfield).

    Edit: we are semi-looking to move and this is our number one due diligence issue. Third time lucky
    Last edited by overdrive; 01-09-2017 at 11:44 PM.

  11. #10
    Quote Originally Posted by overdrive View Post
    This quote is hidden because you are ignoring this member. Show Quote
    If you can pull out, pull out. In our first flat (rented) we had a half way house over the lane from us. We had to phone the police several times due to severe disturbances outside (the worst was a guy who claimed he had a gun and was going shoot if so-and-so didn't show his face pronto).

    We then bought a place (our current place) in what we thought was a lovely residential development, and it largely is. After moving in, we soon discovered there were two half way houses (aka 'guest houses') 30 seconds round the corner from us. Luckily we aren't the end terrace nearest them as the 'down and outs' congregate in their garden but the nice public gardens nearby are full of them and the police are pretty much constantly there which in a weird way is comforting as they were nowhere to be seen near the place at our last place (which was in the middle of nice "middle class" Bruntsfield).

    Edit: we are semi-looking to move and this is our number one due diligence issue. Third time lucky
    I reckon the boy will pull out of the purchase and you'll end up buying it.

  12. #11
    Testimonial Due Colr's Avatar
    Join Date
    Apr 2002
    Location
    London
    Age
    50
    Posts
    2,069
    There's a lot made of the supposed firm offer system in Scotland and the way it prevents gazumping/gazundering but in practice if you pull out they can't really force you to purchase and in the unlikely event that they take you to court over it, they would only be able to claim actual losses which would be abortive legal costs (maybe a few hundred quid). Hardly anyone ever does this.

    The Scottish system works because lawyers make it work not really because of the strength of the law.

    Pull out but do it quickly. Even in the worst case it would be a much smaller loss.

  13. #12
    I think it's reasonable to pull out, it happens all the time and you have a good reason, but better doing it sooner rather than later.

    The estate agent will be closed tomorrow so I'd research it today, decide tomorrow and pull out Monday if that's what you think is best. I've never lived next to one of these facilities so can't comment on the impact. All I'd say is that it's alot of money you're spending so you have to be sure.

  14. #13
    @hibs.net private member lord bunberry's Avatar
    Join Date
    Jul 2008
    Location
    edinburgh
    Posts
    10,306
    Quote Originally Posted by Just Alf View Post
    This quote is hidden because you are ignoring this member. Show Quote
    If they told you it was a care home and it's not then they have misrepresented the situation and you are 100% within your rights to cancel, even up to the very last minute of handing the keys over far less a few days after agreeing.

    Sent from my SM-G925F using Tapatalk
    This is absolutely correct. It's not a care home and they obviously knew if they told you what it was you might not have made the bid.
    [SIGPIC]

  15. #14
    Having sold my flat two months ago I can confirm you can pull out at this stage. Full stop.

    You don't need to explain yourself to your solicitor/agent.

    If you were to buy it next door could change status. Imagine the hassle of trying to sell your new property in years to come.

    Retreat!!!

  16. #15
    Promising Youngster Stick's Avatar
    Join Date
    Nov 2004
    Location
    In la la land
    Posts
    63
    I would pull out, you are feeling unsure, worried, concerned, feeling that you have been lied to. These feelings won't go away.
    When you make an initial verbal offer, the selling solicitor will prepare papers which specifies the details of the sale, eg, what is included, what is not included, time scale, price etc. At this stage ( or before this), you can say you are not happy with the terms offered and do not wish to proceed, without penalty.
    A few years ago we made a good offer for a house and it was accepted. When we received the written details, it included the fact that as the householder had died it could not be guaranteed that anything worked, including the water, drains, electricity, that no bills were outstanding or even the keys to the doors existed. We were told that our solicitor could have these terms amended, but we still withdrew our offer. We had made the offer in good faith thinking it was a nice house with no problems, and if we knew about the conditions we would either have made a lower offer or none at all.
    If you are concerned about the legal implications, don't be. Remember that when we offer on a house a survey is commissioned and if it is not satisfactory then we can withdraw without penalty or even without giving a reason. You are not even near that stage yet.
    Good luck with your future house hunting.
    Note, I am not a lawyer and this is only based on my personal experience in buying 6 flats and houses over the years.

  17. #16
    @hibs.net private member LALthehibeeGAL's Avatar
    Join Date
    Aug 2002
    Location
    West Lothian
    Posts
    1,254
    I am a qualified conveyancing paralegal and worked in that capacity and in Estate Agency for the best part of 30 years (although wouldn't do it now way too stressful) I can reiterate what others have said - an accepted offer is not a binding contract and you are perfectly entitled to withdraw and you do not even need to give an excuse just say you have changed your mind but equally so you can tell your lawyer why but sometimes that is a qu to start doing investigations which can incur cost which would be a waste of money given I believe that it is likely you will not proceed as you have doubts - When your lawyer is "noting title" should it progress things like that would be picked up - but in actual fact there should have been something in the Home Report (which IMO are not worth the paper they are written on). You are clearly having doubts and of course as most have said - it is the biggest decision you will make so go with your gut instinct - you will not incur any costs whatsoever - unless you are in a hurry to move I would go back to the drawing board and do a list of must haves, would like, etc and work out what really needs a tick and what you can compromise on.

    It has been known for withdrawals to happen on the date of entry and you are way before that stage!!

    Good luck - take a deep breath and carry on you will find that perfect home and you will know it is the right onel.
    Cheers
    Lal
    Last edited by LALthehibeeGAL; 02-09-2017 at 03:02 PM.

  18. #17
    @hibs.net private member Steve-O's Avatar
    Join Date
    Mar 2003
    Location
    Wellington, New Zealand
    Age
    35
    Posts
    19,826
    Sounds like a care home to me? Not sure why some are saying it isn't. Certainly a care home of sorts.

    Depends if it's your dream house or not I suppose! I don't think it'd put me off, depending on the proximity and whether or not there are regular disturbances.
    Last edited by Steve-O; 14-09-2017 at 03:22 AM.

  19. #18
    I've done a lot of research, I've met the location manager and some high flyer at the Priory who now own the place phoned me yesterday. When I was in for a coffee I met several of the patients and the staff, I arrived armed with four big cakes from the supermarket which went down well.

    I honestly regret my reaction and initial response although I was clearly misinformed by my friend who highlighted what they thought was the type of facility in the location. My google search initially didn't help either.

    We are pushing ahead with the purchase, the house is an absolute weapon, huge, huge garden, attic conversion etc, as someone said earlier, it is genuinely our dream 'forever' home.

    Thanks for all the responses and advice, money can't buy the instant help and support you get on here.

  20. #19
    Scottish Cup Victory - Witness 2016 Scouse Hibby's Avatar
    Join Date
    Oct 2006
    Age
    50
    Posts
    15,112
    Quote Originally Posted by chlub Hibernian View Post
    This quote is hidden because you are ignoring this member. Show Quote
    I've done a lot of research, I've met the location manager and some high flyer at the Priory who now own the place phoned me yesterday. When I was in for a coffee I met several of the patients and the staff, I arrived armed with four big cakes from the supermarket which went down well.


    I honestly regret my reaction and initial response although I was clearly misinformed by my friend who highlighted what they thought was the type of facility in the location. My google search initially didn't help either.

    We are pushing ahead with the purchase, the house is an absolute weapon, huge, huge garden, attic conversion etc, as someone said earlier, it is genuinely our dream 'forever' home.

    Thanks for all the responses and advice, money can't buy the instant help and support you get on here.
    Wow! Quite a turnaround, hope your dream home works out just fine for you.
    "If a player is not interfering with play or seeking to gain
    an advantage, then he should be."

  21. #20
    Quote Originally Posted by chlub Hibernian View Post
    This quote is hidden because you are ignoring this member. Show Quote
    Thanks for the replies so far.

    I am indeed in Scotland.

    Despite this late hour I phoned the telephone number.

    The 'secure unit' is actually 20 minutes up the road in a recently completed new build premises after the planning application was rejected at the premises neighbouring my potential new property.

    The property next to me was converted to 8 supported living flats, I believe that these are referred to a as 'step-down' facility.

    I've also learned that they are only occupied by females. They are essentially the last step before the patients return to living in the community. They said that I might even get a tour of the premises as a potential neighbour.

    My head is spinning, I buried my dad yesterday and I'm all over the place, however, despite all of this I can't be buying a property if its a risk. \

    What do you think folks?

    We we had an unwelcome discovery (lucky we did subject to survey) in London - a power substation under what would have been the kids room. There's an unproven link to cancer.

    Sorry to add another consideration but you want thoughts to make an informed decision. i think about stuff like this should also consider - what will the next buyer be thinking if and when I move on? If it put a doubt in your mind it'll maybe put doubts in others. I'd probably stay clear. Something will come up - although you never can tell when in the housing market but it will happen.
    "We know the people who have invested so far are simple fans." Vladimir Romanov - Scotsman 10th December 2012
    "Romanov was like a breath of fresh air - laced with cyanide." Me.

    ....SHARE THE VISION RODNEY....

  22. #21
    Quote Originally Posted by chlub Hibernian View Post
    This quote is hidden because you are ignoring this member. Show Quote
    I've done a lot of research, I've met the location manager and some high flyer at the Priory who now own the place phoned me yesterday. When I was in for a coffee I met several of the patients and the staff, I arrived armed with four big cakes from the supermarket which went down well.

    I honestly regret my reaction and initial response although I was clearly misinformed by my friend who highlighted what they thought was the type of facility in the location. My google search initially didn't help either.

    We are pushing ahead with the purchase, the house is an absolute weapon, huge, huge garden, attic conversion etc, as someone said earlier, it is genuinely our dream 'forever' home.

    Thanks for all the responses and advice, money can't buy the instant help and support you get on here.
    I don't want to take the wind out of your sails but it is the Priory now but what happens if they sell it on

    and it becomes something worse? After all, the type of facility it is now would possibly allow a change in use with no planning application.

    As Viva says, when you may one day want to sell it a future buyer may not be as understanding as you.

  23. #22
    The amount of snobs in Morningside that don't know about the number of mental health patients milling about during the day makes me chortle.

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
hibs.net ©2012 All Rights Reserved