Q:We are purchasing a site conditional on obtaining satisfactory planning permission. We are making the application but the vendor is insisting we should be making it jointly with them. Should we?

1 Jun 2002
It depends what your purchase contract says. If it is silent on this point it is best to make the application yourself - not in joint names with the vendor. A joint application cannot be withdrawn nor an appeal lodged unilaterally by one party, and this may seriously hamper your ability to manoeuvre and gives the vendor an opportunity to gain a more powerful negotiating position than he might otherwise have under the contract - he has the power of delay. One point to remember - with sole applications, ensure the issue of copyright is ironed out well in advance, so that you can use any of the vendor&amp;’s plans he might have.<p></p><p></p>

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