header-logo header-logo

05 September 2013
Issue: 7574 / Categories: Features , Property
printer mail-detail

I’ve started so I’ll finish

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Excello Law—Stephen Morrall

Excello Law—Stephen Morrall

Excello welcomes Stephen Morrall to Anglo-German team

Lawfront—Peter Martin-Simon

Lawfront—Peter Martin-Simon

Lawfront appoints new Chief Executive Officer to steer the business through the next phase of growth

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland strengthens top-ranked pensions practice with appointment of former global head of pensions

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
back-to-top-scroll