The temptation is strong but you should not give in
Williamson, H.
The temptation is strong but you should not give in - 2004 - Estates Gazette (0436) 4 September 2004, 119(1) .
Advises house vendors to exercise caution in what they say when answering pre-contract questions on their property. Cites "McMeekin v Long" (HC, X122385), where the vendors fraudulently misrepresented their relations with neighbours as being good and friendly whereas there had been a longstanding confrontation with one adjacent landowner. In "Goff v Gauthier" (ChD, [1991] 62 P&CR 388) a vendor's solicitor acting on instructions had put pressure on the purchaser to complete swiftly by threatening to sell to another alternative purchaser if exchange did not take place within a week. The purchaser exchanged without securing finance and subsequently was unable to complete. The vendor claimed the deposit. It was held that the contract was voidable for misrepresentation because the statement of the vendor's intentions was a serious inducement to get the purchaser to enter into the contract and that the deposit should be returned to the purchaser.
NEIGHBOUR DISPUTES
MISREPRESENTATION
DEPOSITS
PURCHASERS
VENDORS
MCMEEKIN AND ANOTHER V LONG AND ANOTHER
GOFF V GAUTHIER
The temptation is strong but you should not give in - 2004 - Estates Gazette (0436) 4 September 2004, 119(1) .
Advises house vendors to exercise caution in what they say when answering pre-contract questions on their property. Cites "McMeekin v Long" (HC, X122385), where the vendors fraudulently misrepresented their relations with neighbours as being good and friendly whereas there had been a longstanding confrontation with one adjacent landowner. In "Goff v Gauthier" (ChD, [1991] 62 P&CR 388) a vendor's solicitor acting on instructions had put pressure on the purchaser to complete swiftly by threatening to sell to another alternative purchaser if exchange did not take place within a week. The purchaser exchanged without securing finance and subsequently was unable to complete. The vendor claimed the deposit. It was held that the contract was voidable for misrepresentation because the statement of the vendor's intentions was a serious inducement to get the purchaser to enter into the contract and that the deposit should be returned to the purchaser.
NEIGHBOUR DISPUTES
MISREPRESENTATION
DEPOSITS
PURCHASERS
VENDORS
MCMEEKIN AND ANOTHER V LONG AND ANOTHER
GOFF V GAUTHIER