Urgent Update: Homebuyers Face Crisis as Granny Flat Removed

URGENT UPDATE: A serious situation has emerged for a couple in Limerick who are in the process of purchasing a site to build a home with a separate flat for the husband’s mother. The latest development reveals that while planning permission was granted, the crucial granny flat has been removed from the plans, jeopardizing the entire purchase.

As of October 15, 2023, the couple has not yet received a formal loan offer from their bank, although they have received a letter approving the loan in principle based on the original plans that included both a house and a flat. The vendor’s solicitor insists that the couple must proceed with the purchase, regardless of the changed conditions.

Legal experts warn that the couple may be bound by the terms of their contract, which likely includes a clause requiring them to proceed if planning permission is granted, regardless of the specifics. If the contract is indeed that basic, the couple could face legal pressure for “specific performance,” compelling them to go through with the transaction despite the removal of the flat.

However, many contracts include more detailed clauses that could allow the couple to reject the purchase if the planning granted is deemed unsatisfactory. In this case, they could argue that the removal of the flat makes the deal unviable and notify the vendor in writing within the stipulated timeframe.

The couple is advised to consult their solicitor immediately to understand their rights and options. If the bank’s loan offer is contingent on the original property terms, the change may invalidate the approval, giving the couple a pathway to withdraw from the contract.

This situation highlights the emotional and financial implications for families attempting to build multi-generational homes. The couple had planned on relying heavily on the mother’s savings to make the purchase viable, and losing the flat could mean significant financial strain.

In a potential resolution, the vendors may prefer to settle for a reduced amount rather than engage in lengthy litigation. Staying in close contact with their solicitor is crucial for the couple as they navigate this complex issue.

The couple’s plight underscores the importance of understanding planning permissions and contractual obligations in real estate transactions. As developments unfold, this story remains a crucial reminder for all homebuyers to be vigilant and informed.

Stay tuned as we continue to follow this developing situation in Limerick.