Contract Flashcards
What four steps should be taken to add agreements about purchasing fittings into the contract?
The contents price is added to the front page of the contract, insert the items into the contract as chattels, add special condition or use 3a / attach TA10 to contract
What are the rules for a contract?
The contract must comply with s2 LP(MP)A 1989, must be in writing, incorporate all terms and be signed by or on behalf of each party.
What would you advise a client requesting someone to sign the contract on their behalf?
It is good practice for each party to sign themselves unless they are acting by an attorney as this ensures they are fully aware of the terms and the legal significance, reducing scope for misunderstanding or later argument. Execution by attorney is best for situations of true impossibility of client to sign (time pressure, absence overseas etc.)
What are four provisions about additional pre-contract enquiries under the Protocol?
o Can only be raised to clarify; issues arising from submitted docs / issues relevant to the title, existing or planned use, nature or location of the property / issues buyer has specifically requested.
o Cannot be about the state or condition of the building unless arising out of the search results, buyer’s own enquiries, inspection or survey’s report.
o Indiscriminate use may be breach of Protocol, seller and their conveyancer aren’t required to deal with them
o Any enquiry seeking opinion rather than fact does not need to be answered
What does special condition 3 deal with?
refers to attached list dealing with included and excluded items (usually TA10)
What does special condition 4 deal with?
vacant possession
What does special condition 5 deal with?
time of completion
What does special condition 6 deal with?
misrepresentation
What does special condition 7 deal with?
this is the occupier’s consent clause
