The Gazette 1994

GAZETTE

DECEMBER 1994

P R A C T I C E

N O T E S

2. Clients may not be fully advised as to the implications of the General Conditions; 3. If the clause incorporating the General Conditions is incorrectly drafted it may well create uncertainty as to which edition of the General Conditions applies to the transaction; 4. In the event of litigation, special proof would be required to identify the General Conditions which were intended to apply to the particular sale.

Practice of not providing a Full Contract

Sale by a Receiver

As the Receiver's authority to sell depends on the continuing existence of the charge under which he was appointed, it is important to ensure that any discharge of a charge in favour of the appointor of the Receiver is dated subsequent to any assurance under which the Receiver purports to sell the property. This note is an addendum to the Practice Note titled "Purchasing From Liquidator or Receiver" published in the Law Society's Newsletter dated September 1986.

Many solicitors have adopted the practice of furnishing Conditions of Sale which refer to, and incorporate, the General Conditions, without actually including a print of the General Conditions with the Contract for Sale. For a number of reasons the Conveyancing Committee disapproves of this practice:- 1. If everyone adopts this practice, practitioners will become less familiar with the contents of the General Conditions;

Conveyancing

Committee

Conveyancing

Committee

H

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