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The temptation is strong but you should not give in

By: Series: Estates Gazette ; (0436) 4 September 2004, 119(1)Publication details: 2004Subject(s): Summary: 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.
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Item type Current library Call number Copy number Status Barcode
Journal article London Journal article ABS68279 (Browse shelf(Opens below)) 1 Available 127461-1001

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.