Conditional contracts
Whitters, Bernadette
Conditional contracts - 2005 - EMIS Property Service 3(9) September 2005, 3-4(2) .
Focuses on conditional contracts, which are rarely appropriate in residential conveyancing, but are not unusual in commercial conveyancing where contracts can be conditional on the buyer obtaining satisfactory results to searches, surveys or planning permission prior to the date of completion. Considers "Ashfield Land Ltd v Mallan Ltd and another" ([2004] EWHC 2815 (Ch)) in connection with the seller's right to forfeit the deposit. Provides guidelines for drafting conditional contracts.
ASHFIELD LAND V MALLAN LTD AND ANOTHER
Conditional contracts - 2005 - EMIS Property Service 3(9) September 2005, 3-4(2) .
Focuses on conditional contracts, which are rarely appropriate in residential conveyancing, but are not unusual in commercial conveyancing where contracts can be conditional on the buyer obtaining satisfactory results to searches, surveys or planning permission prior to the date of completion. Considers "Ashfield Land Ltd v Mallan Ltd and another" ([2004] EWHC 2815 (Ch)) in connection with the seller's right to forfeit the deposit. Provides guidelines for drafting conditional contracts.
ASHFIELD LAND V MALLAN LTD AND ANOTHER