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Conveyancing

Cheshire – salt/brine searches

If you are acting on behalf of someone buying in Cheshire then it will usually be negligent not to obtain a salt search.

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Third party searches – reliance?

To what extent can you rely on searches done by a third party (eg the seller, or another prospective buyer)?

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Completion – early?

Suppose contracts are exchanged on the basis that completion will be on a fixed date ‘or earlier by agreement’. Can one side insist on the other side accepting an early completion?

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Off-plan – developer insolvency

A recent High Court case illustrates the dangers of buying off-plan. These are dangers that all buyers should be clearly warned about.

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Bankruptcy search – protection

A reminder of what a K16 bankruptcy search does. It checks whether, in the last five years, the name searched against has been subject to (1) a petition in bankruptcy (in the register of pending actions); (2) a receiving order in bankruptcy (a bankruptcy order in the register of writs and orders); or (3) a deed of arrangement (in the register of deeds of arrangement).

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Pre-contract enquiries – non-reliance clause

Should a non-reliance clause in the lease (which says that T has not relied on any previous statement or representation by L) prevail over an incorrect reply to a pre-contract enquiry?

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Fraud – Dreamvar

Dreamvar is a nightmare for conveyancing solicitors and their insurers.

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Failure to complete – example

This is an example of a ‘failure to complete’. It decides nothing new but merely illustrates what can happen.

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Enquiries – updating replies

If a seller replies to a pre-contract enquiry, that reply may constitute a ‘representation’.

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Ground rent – assured tenancy?

One of the unintended consequences of escalating ground rents is that if a ground rent under a long lease becomes more than £1,000 pa (London), or more than £250 pa (outside London), it will be an assured tenancy under HA 1988.

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