When the gavel falls, the parties have exchanged contracts. In other words, the successful bidder has automatically entered into a binding contract for the purchase of the property from the seller (the auctioneer is authorised to complete the paperwork (Memorandum of Sale) on behalf of the seller. Properties are not sold ‘subject to contract’, ‘subject [...]
Archive for the ‘Property’ Category
May 7th, 2013
Cohabiting couples – the law remains unfair
The large number of people choosing to cohabit without getting married, has led to a rise in complex and quite often costly legal disputes between unmarried couples following separation in the absence of a Cohabitation Agreement. The legal rights of cohabiting couples comes to the forefront once again with the case of Pamela Curran –v- [...]
April 18th, 2013
Does a landlord have a right of entry to commercial premises to carry out repairs, where a tenant in breach has failed to do so?
The answer is surely a simple one! Unfortunately not; this area of law is uncertain. The first point to make is that faced with uncertainty, it is extremely important for a landlord to reserve such a right of entry in the written lease. If no such right is reserved and the landlord or its workman [...]

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