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Early notice risk

By: Series: Property Week ; 66(36) 7 September 2001, 138(1)Publication details: 2001Subject(s): Summary: Considers CA ruling in "Omar v El-Wakil" highlighting the role of the deposit in land contracts, and the risks of serving 'notices to complete' prematurely. Parties must ensure they are 'ready, able and willing to complete' on the date specified in a notice to complete. Outlines the circumstances in which the court is prepared to exercise its discretion under Law of Property Act 1925 s49(2) and order the return of a purchaser's deposit - even to a defaulting buyer.
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Journal article London Journal article ABS64593 (Browse shelf(Opens below)) 1 Available 114623-1001

Considers CA ruling in "Omar v El-Wakil" highlighting the role of the deposit in land contracts, and the risks of serving 'notices to complete' prematurely. Parties must ensure they are 'ready, able and willing to complete' on the date specified in a notice to complete. Outlines the circumstances in which the court is prepared to exercise its discretion under Law of Property Act 1925 s49(2) and order the return of a purchaser's deposit - even to a defaulting buyer.