000 01648cab a2200253 4500
001 ABS68279
008 040920n2004 000 0 eng u
035 _a(Sirsi) u127461
100 _aWilliamson, H.
245 4 _aThe temptation is strong but you should not give in
260 _c2004
490 _aEstates Gazette
_v(0436) 4 September 2004, 119(1)
520 _aAdvises 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.
590 _aABS
650 _aNEIGHBOUR DISPUTES
650 _aMISREPRESENTATION
650 _aDEPOSITS
650 _aPURCHASERS
650 _aVENDORS
650 _aMCMEEKIN AND ANOTHER V LONG AND ANOTHER
650 _aGOFF V GAUTHIER
690 _aPROPERTY AND LAND LAW-CONVEYANCING-CASE LAW
942 _n0
999 _c74539
_d74539