2018 Guide to Problems with Property Contracts

3 CPD Hours

Competency/Learning Objective - Legal knowledge and skills

Property contracts can be tricky to get right. Does the contract contain all the relevant terms? Was it preceded by something which might invalidate it? Has it been properly executed? Can proprietary estoppel or a constructive trust save the day?

This course looks at some of the problems which can arise, and considers rights, remedies and practical steps which should be considered in relation to the following:

  • mistake

  • misrepresentations in preliminary enquiries (including reference to First Tower Trustees Ltd and another v CDS (Superstores International) Ltd [2017] EWHC B6 (Ch))

  • non-reliance clauses

  • contract races

  • the formalities for a binding contract and how to protect the contract (including reference to Rollerteam Ltd & Anor v Riley & Anor [2016] EWCA Civ 1291)

  • deposits (including reference to Eason v Wong [2017] EWHC 209 (Ch))

  • late completion and failure to complete

  • development agreements
  • VAT

  • the effect of the death of a contracting party

Course Dated: January 2018

About the Author:

Richard Quenby is a non-practising barrister and Lead Supervisory Lawyer at Berwin Leighton Paisner LLP. He is the current author of Ross: Commercial Leases (published by LexisNexis) and is co-author of "Flat Schemes in Residential and Mixed Use Developments" (published by Bloomsbury Publishing). Richard is also a member of the Consultant Editorial Board of LexisPSL and his published articles have appeared in Estates Gazette, Property Week, Legal Week and The Lawyer. He is also the author of a number of other courses for Legal Training. Richard can be found on LinkedIn here.

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