header-logo header-logo

05 May 2011 / Adam Rosenthal
Issue: 7464 / Categories: Features , Property
printer mail-detail

Tricky conditions

Adam Rosenthal examines the practicalities of waiving conditions in contracts for sale

Under contracts for the sale of land, it is often important to know when a party is entitled to waive a condition—usually one which must be satisfied before completion can be required to take place.

Various types of condition might be included in contracts for sale; in the frequently-cited decision of Brightman J in Heron Garage Properties Ltd v Moss [1974] 1 All ER 421, [1974] 1 WLR 148, the sale of land was conditional upon one of the parties obtaining planning permission for a particular type of development.

In Heron, the purchasers agreed to buy part of a site but the agreement was conditional upon them obtaining planning permission to develop the property being sold by building a petrol station and car wash. The vendors intended to use the retained part of the land for car sales. When it became clear that the purchasers were unlikely to obtain the desired permission, they notified the vendors that they were waiving the condition and

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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll