447. Restrictions on the use of contractual rescission clauses.

Contractual rescission clauses such as a clause which gives the seller the right to rescind if he is unable or unwilling to answer a requisition raised by the buyer are narrowly construed by the courts which will only permit the seller to rescind where the requisition reveals an incumbrance of which the seller was previously unaware and which he is unable to discharge1. Such clauses cannot be relied on by a seller who has not properly investigated his own title before drafting the contract, nor where the seller changes his mind after exchange and decides not to go ahead