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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

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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