legal advice needed on house purchase

[ferritt]

Hi,

I'm going thru a house purchase at the minute with david wilson. As with most new houses theres clauses in the contract about commercial vans. Well to cut along story short I tols david wilson about my van from day 1 and was told on many occasions that I will let off. 1 week ago david wilson contact me to say I cant park my van on my own property when I move in as it's weighs to much. Told them if thats the case I aint buying house. Half hour later get another call to say ok then we wont enforce that clause so I can. Now the only problem I have now is that my neighbours can still enforce this clause!!!! which could mean we have to move! My solicitor says this is only in a worst case situation, but still I dont know if I wont to risk it. Now my van (work van which I need to earn the money to pay for the house) will always be parked on our driveway when I'm not using it. Our driveway is behind our garden and is part of three driveways next to one-another with a garage at the end of each. Our driveway will also be next to another house, so my van will actually be next to a three story house, but it will be parked out of the way. It isnt sign written and is always ketp smart. So if somebody complains can I actually get forced out? Is there anyway I can stop this from happening? I've tried to get the clause removed from the contract but david wilson just refused. When we move in (december) I will be on a charm offensive with the neighbours but i"ve been told that It only takes one person to complain or bring it up and thats it! By the way it's not a super big van. It's only just over the wieght stated in the contract. Any advice is welcome.

cheers

[ferritt]

13 views and not reply. Maybe posted onto the wrong bit?

[Peter Bowen]

As long as you're not compliant with the regulations you're at risk.

Nobody can give you the answers but these questions will help you decide for yourself.

What are the risks?:

Someone complains
Your van does some damage to the driveway
etc

What are the probabilities of each happening?
What are the consequences of each happening?

Will you accept, avoid, mitigate or insure against each risk?

Cheers

Pete

[ferritt]

Well my van will not cause any damage to the driveway or road. The weight restriction is in place to stop the development becoming unsightly. Most cars now-a-days are over the restriction for this development (100kg). My car (jaguar) weighs in at 1700kg. So somebody in my eyes can only complain that the van lowers the development. Where would I stand legaly if this was to happen? My solicitor says this is only a slight risk but a risk is a risk right. Once the road is adopted by the local council all restriction will be removed as long as the council doesnt keep them, which they may do. The development will be complete in about 2 years then 1 year maintenance after that the council will adopt it. The solicitor I'm using is the one we have to use when pruchasing a DW property so I've not got total confidence that there doing everything to help this situation. I spoke to DW today and told them that for us to purchase the house the covenent would have to be removed from the contract which I know that they can do. I'll wait and see what happens tomorrow.

cheers

[bwglaw]

Trust and follow the advice of your solicitor, that is what he is being paid for.