Real estate transactions

Q&As

In property sale contracts, is it possible to exclude liability for inadvertent misrepresentation in replies to enquires before contract?

In commercial transactions it is frequently the case that an ‘entire agreement’ clause will be inserted into the contract with the purpose of seeking...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan

Q&As

Where a new property is yet to be constructed at the time of purchase, does the buyer have any consumer rights over defective quality?

See Q&A: What are the potential risks to a buyer of a new-build proper

22nd Jan

Q&As

Do you have a Precedent for use in a development sale contract for the assignment of copyright in the planning application plans by the buyer to the seller so that the seller can build the development if the buyer does not complete after planning permission is granted?

In this Q&A we have limited our research to cover copyright assignments and licences and clauses dealing with copyright assignment and licensing.An...

22nd Jan

Q&As

If a vendor sells a commercial property without obtaining an energy performance certificate, what are the consequences and will the failure amount to a breach of contract leading to a claim for damages if it were found that major remedial work was needed to increase the energy performance of the building?

In most cases, if a vendor wishes to sell their commercial property, they must obtain an energy performance certificate (EPC) before sale although...

Produced in partnership with Helen Galley of XXIV Old Buildings 22nd Jan

Q&As

A buyer completes the purchase of a new build property from a developer. The buyer does not carry out any survey prior to exchange. Following completion the buyer discovers serious defects with the gas, electrical and plumbing system and other items (which it confirms in a building survey). What remedies does the buyer have under purchase contract for these defects?

We have assumed in answering this Q&A that the property was fully constructed at the time of exchange of contracts, is freehold and that there are no...

22nd Jan

Q&As

What terms and conditions are implied in contracts for the sale of land or real estate?

The general position is that a contract for the sale of land has to be in writing by reason of section 2 of the Law of Property (Miscellaneous...

Produced in partnership with Helen Galley of XXIV Old Buildings 22nd Jan

Q&As

Prior to the exchange of contracts, a developer agreed in correspondence marked ‘subject to contract’ to clear rubble and erect a fence. This term, along with several other terms relating to snagging issues (including tiling etc) were not expressly referred to in the contract. Do all terms have to be included in the contract for sale, where eg the developer has failed to clear rubble and erect fence, or is it possible to bring an action against the developer on the basis that this was a collateral contract?

In order for a contract for the sale of property to be valid, it is necessary to comply with the formalities of section 2 of the Law of Property Act...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan

Q&As

Do you have any guidance relating to issues arising as a result of a tenant contribution to developer's works in a development agreement for lease?

When dealing with tenant contributions to landlord works, there are two immediate issues to consider in practice:•the potential for the developer’s...

22nd Jan

Practice notes

Agreements for lease for construction lawyers—time issues

Delay in completion of the landlord’s works can be of far greater concern to a tenant than whether the works have been built in accordance with the...

18th Jan

Practice notes

Role of the project monitor

When a bank or other finance provider decides to provide funding for a construction or development project, it will often appoint a project monitor...

18th Jan

Practice notes

Agreements for lease for construction lawyers

An agreement for lease is an agreement entered into by a property owner or landlord and a tenant, under which the tenant agrees to enter into a lease...

18th Jan

Practice notes

Agreements for lease for construction lawyers—collateral warranties and third party rights

In an agreement for lease which provides for construction works to be carried out, an obligation for the landlord to procure collateral warranties (or...

18th Jan

Practice notes

New home warranties

This Practice Note looks at the principal types of policy or guarantee (other than latent defects insurance) that are currently on the market to...

18th Jan

Practice notes

Construction documents—key issues for lender's lawyers

On every construction project which requires external funding, the lender will appoint its own team of lawyers to draft and/or negotiate the various...

18th Jan

Practice notes

Development documents—introduction

Procurement structureAs shown in the Development procurement structure—chart the relationship between the third parties with an interest in a...

18th Jan

Practice notes

Agreements for lease for construction lawyers—practical completion

Under an agreement for lease which contains development obligations, the tenant’s obligation to take the occupational lease only arises once the...

18th Jan

Practice notes

Facility agreements—construction provisions

The facility agreement is the principal document in the suite of documents which is needed for the provision of finance for a development or...

18th Jan

Practice notes

The construction due diligence process

This Practice Note looks at the construction due diligence process and how a construction lawyer will be involved where a client is buying a property...

18th Jan

Practice notes

Agreements for lease for construction lawyers—defects and dispute resolution

This Practice Note looks at how an agreement for lease with development obligations may require the landlord to remedy defects in the works. It also...

18th Jan

Practice notes

Agreements for lease for construction lawyers—development obligations

From a construction lawyer's perspective, whether acting for a developer/landlord or a tenant, one of the key sections of an agreement for lease is...

18th Jan

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