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?

June 1, 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 A joint application cannot be withdrawn nor an appeal lodged unilaterally by one party, and this may seriously hamper your ability to manoeuvre and gives the vendor an opportunity to gain a more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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