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Cole v Rose: 1978

The vendor had purported to rescind the contract and retain the deposit, while selling to another purchaser at a higher price. Held: The purchaser was entitled to return of the deposit, because the notice to complete had been ineffective. After referring to Schindler, Mervin Davies J said: ‘With those observations in mind, it seems that … Continue reading Cole v Rose: 1978

Dimsdale Developments (South East) Ltd v De Haan: 1983

The court considered the interpretation of clauses allowing a notice to complete a contract for the sale of land. Godfrey QC said: ‘In my judgment this notice, served as it was under cover of the letter of November 10, 1981, referring to the National Conditions of Sale, and referring as it did to the contract … Continue reading Dimsdale Developments (South East) Ltd v De Haan: 1983

Country and Metropolitan Homes Surrey Ltd v Topclaim Ltd: 1996

The issue was the proper construction and effect of condition 6.8 of the Standard Conditions of Sale, 2nd edition, in relation to the giving of a notice to complete a contract for the sale of land. Held: The condition provided exclusively for the circumstances in which a notice to complete could be given in respect … Continue reading Country and Metropolitan Homes Surrey Ltd v Topclaim Ltd: 1996

MIDILL (97Pl) Ltd v Park Lane Estates Ltd and Another: CA 11 Nov 2008

Refusal to return Land Contract Deposit The court was asked as to whether a seller could retain a deposit paid by the claimant on a sale where contracts had been exchanged but the buyer had proved unable to go ahead. Held: The appeal against refusal of return of the deposit failed. The court looked at … Continue reading MIDILL (97Pl) Ltd v Park Lane Estates Ltd and Another: CA 11 Nov 2008