On an order for sale of property, is it appropriate that there be provision for the sale price to be determined by the party in favour of whom the order has been made or marketing estate agents instructed by that party or should provision be made for the court to have an input on the price in default of agreement?
This is a discretionary matter which falls to be decided on the circumstances of the case. Where, for example, the order for sale is based on a pre-existing right such as under a mortgage deed and there is a recognised rule governing the duty of the seller to fix the price, the order could follow the rule. In matrimonial proceedings and with an order for sale following a charging order (where the chargee’s debt is often minute compared to the value of the property), it is best practice to provide for recourse to the court in the event of disagreement. However, whatever the circumstances, the order suggested by the questioner is too imprecise as to the duty on
