Pre-Contract Enquiries: Dangers of concealment

Joanne Wicks QC weighs up the best approach to take when pre-contract enquiries are found wanting ‘The difficulty for a buyer which, like Greenridge, discovers that something is wrong just before the contractual completion date, is that it is often not in a position to know whether a statement has been made fraudulently.’ Greenridge Luton …
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Deposits: New thoughts on forfeiture of deposits

Recent cases have questioned the longheld view that an unreasonable deposit is a penalty that can be repaid in full, as Laurie Heller finds out ‘Modern English courts do not appear to apply penalty rules to deposits or to clauses providing for forfeiture of sums that have already been paid.’ In a contract for the …
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