| Commentary

123.2 Rescission

| Commentary

123.2 Rescission

The right of the buyer to rescind the sale contract is most likely to be relevant where there is a time period between exchange and completion. After completion, the buyer may lose the right to rescind, for example because of the intervention of third party rights or the impossibility of restoring the parties to their pre-contract position1. Even in the absence of any express provision in the contract, it may well be that the buyer is able to claim rescission for misrepresentation2 although the position is not entirely clear as there is a line

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