Contracts were entered into for the sale of five flats. Completion of each contract was conditional upon simultaneous completion of the others. Completion did not occur, and the defendant sellers issued a notice to complete, then rescinded the contract, and forfeited the deposits. The claimants requested a declaration that the completion notices were invalid, and sought specific performance. They appealed a dismissal of the claim.
Held: The sellers did not have to be exactly able to complete when the notice to complete was issued; it was sufficient that the vendor should ‘be able within the time reasonably required to do so to set up the necessary administrative arrangements to enable completion to take place.’ It was for the purchaser to show that the seller was in some way in breach of the contract, or would not be able to complete within the time set. The evidence did not meet that standard.
Judges:
Blackburne J
Citations:
Gazette 21-Feb-2002, [2000] 2 P and CR 21
Jurisdiction:
England and Wales
Citing:
Considered – Edwards v Marshall Lee ChD 1975
The parties contracted for the sale and purchase of land. A mortgage receipt was executed by a different company (Barclays Bank Trust Co ltd, not Barclays Bank Ltd) and therefore did not operate as a statutory receipt to discharge it. The plaintiff . .
Cited – 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 . .
Cited by:
Cited – Kalatara Holdings Ltd v Benedict Thomas Andersen and Another Chd 25-Jan-2008
The claimant sought specific performance of a contract to buy land from the defendant. The defendant sought summary dismissal of the claim and forfeiture of the deposit. It had been intended that the property would be ‘rolled over’ on a sub-sale. . .
Cited – 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. . .
Lists of cited by and citing cases may be incomplete.
Land, Contract
Updated: 04 June 2022; Ref: scu.167652