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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have an option agreement on my house to sell to a

Customer Question

I have an option agreement on my house to sell to a developer. This was signed in April 2012. Within the agreement it states that the JR Period will be 3 months. Planning permission was grant on 23rd July 2014. Is the JR period 3 months as per the option agreement OR is it now 6 weeks as per the CPR P54 changes made by the government on 1st July 2013.

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : if it is a planning permission JR then it's witihin 6 weeks of the decision complained about.
Alex Watts : 3 months is for all other matters.
Alex Watts : Can I clairfy anything for you about this today please?
JACUSTOMER-xujmbu3k- :

Does it matter when the option agreement was signed as the agreement clearly states 3 months but was that 3 months done away with the new rules?

JACUSTOMER-xujmbu3k- :

is there anything online which relates to this?

Alex Watts : But who are you seeking to JR the council or builder?
JACUSTOMER-xujmbu3k- :

No one. The argument is with the developer. he states its 3 months as per the option agreement contract as it was signed pre 1st July 2013 where as I say it should be 6 weeks as per the CRP P54 rules

JACUSTOMER-xujmbu3k- :

If it was 6 weeks, then he has to take up the option this Wednesday. If its 3 months then I have to wait until the new year.

JACUSTOMER-xujmbu3k- :

Planning permission was granted by the LPA on 23rd July 2014

JACUSTOMER-xujmbu3k- :

Are you still there?

JACUSTOMER-xujmbu3k- :

Is this something you can answer who does it have to go back for someone else?

JACUSTOMER-xujmbu3k- :

can you help????

JACUSTOMER-xujmbu3k- :

are you still there?

Alex Watts : Yes I am here.
JACUSTOMER-xujmbu3k- :

Sorry. I thought you had gone

Alex Watts : it should say 6 weeks.
Alex Watts : Forget the 3 months, the rules have changed
JACUSTOMER-xujmbu3k- :

Even if its in an option agreement?

Alex Watts : Yes. The law is the law.
JACUSTOMER-xujmbu3k- :

So the changes on 1st July 2013 to the rules means that that part of the option agreement is not applicable anymore? What about cobtract law

JACUSTOMER-xujmbu3k- :

What about contract law?

Alex Watts : Makes no difference, the law says 6 weeks. So no matter what agreement there is, you can't JR. after this period.