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I’ve started so I’ll finish

05 September 2013
Issue: 7574 / Categories: Features , Property
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Katherine Waller investigates the potentially “puzzling” area surrounding notices to complete

The economic crisis has triggered a flurry of case law where either developers or purchasers have failed to complete on sale and purchase contracts, mainly due to funding issues. These cases are particularly prevalent in “off-plan” purchases, where buyers exchange contracts on a property that is not yet built.

Off-plan purchases have gained momentum recently, particularly with overseas buyers. Take the residential apartments at Battersea Power Station: nearly all of the Phase 1 apartments have been sold, predominantly to overseas investors. With off-plan transactions flourishing, the recent case of Urban I (Blonk Street) Ltd v Ayres and another [2013] EWCA Civ 816, [2013] All ER (D) 77 (Jul) highlights the risk for buyers who are relying on mortgage finance. The case is also important as it sets out the effects of serving a notice to complete and what constitutes a repudiatory breach to entitle an innocent party to terminate the contract.

The facts

Mr and Mrs Ayres entered into a contract on 25

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NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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