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

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
back-to-top-scroll