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27 March 2008 / Anthony Judge
Issue: 7314 / Categories: Features , Company , Public , Commercial
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Look before you leap

Anthony Judge offers some practical advice to negotiating the minefield of insolvency purchasing

In this economic climate, property speculators are shopping for cut-price properties being sold by distressed sellers, and we are starting to see insolvency-related sales. When property is marketed by an agent on behalf of an insolvency practitioner (IP) the burden of verification is on the buyer, who must conduct due diligence investigations. Sales particulars from the IP tend to provide little information. A key duty of an IP is to obtain the best price reasonably obtainable for the assets he is selling. IPs frequently conduct parallel negotiations with a number of interested buyers and contract races are not unusual.

 

THE PURCHASE CONTRACT

The IP’s lawyers will prepare the first draft contract and transfer with no covenants, warranties or indemnities in favour of the buyer. The extent to which this is negotiable will depend on relative bargaining positions. Because title to the assets remains with the company, the company will be the contracting party (acting

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MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

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MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
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