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Conveyancing

Misrepresentation – advice to buyer?

We all know that a buyer who makes misrepresentations in replies to Standard Enquiries can be liable. But, what advice should you give to a buyer who discovers that something is wrong just before the contractual completion date? For instance, suppose the seller of a commercial property has wrongly said that there were no service charge disputes, and the buyer discovers – before completion – that there have indeed been disputes. What should the buyer do?

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SDLT – shared ownership

Anyone involved in a shared ownership purchase should understand that the SDLT calculations can be a nightmare. Different considerations arise depending on whether it is (i) the grant of a new lease, or (ii) the assignment of an existing lease, and/or (iii) the purchase of additional shares by staircasing. 

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Completion – ready, willing and able?

Both the Standard Conditions of Sale and the Standard Commercial Property Conditions state that the time for completion of the contract is not ‘of the essence’, unless a ten-day notice to complete has been served.

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Form LL – conveyancer’s certificate

A private individual can guard against property fraud (through impersonation) by applying for the entry of a restriction on the title in Form LL. The effect of this is that if a document is submitted for registration, then a conveyancer’s certificate must be supplied showing that the person who executed the document was indeed the proprietor.

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Registration gap – dangers

The ‘registration gap’ is the period between the transfer/completion of a property transaction, and the registration of that transaction at the LR. The danger is that an unregistered interest may be registered in that gap (although that will obviously not be possible if the registration is done in a timely way, within the priority period).

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ID – LR guidance

The LR has updated PG 67 (evidence of identity – conveyancers):

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SCPC – special conditions

The 3rd edition of the Standard Commercial Property Conditions sets out various special conditions. There are eight new special conditions – two of which are compulsory (unless they are struck out) with the remaining six being optional (ie they must be ticked).

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Fraud – imposter sellers

All would agree that clarification is urgently needed from the CA on liability for conveyancer fraud (typically, when a fraudster sells a property belonging to someone else).

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Parking rights – easement?

A document (which called itself a ‘lease’) granted ‘parking rights’ over two specific car parking spaces. What was the effect of the document: was it a binding lease, or was it merely an easement?

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SCPC – 3rd edition

A new (3rd) edition of the Standard Commercial Property Conditions has been published. These are of fundamental importance for those involved in the sale or letting of commercial property. There are important changes to VAT, insurance, and special conditions, all of which are dealt with by separate entries below. Otherwise, there are numerous changes to note, including:

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