Q&As

In a sale contract conditional on planning, if the contract ends on the longstop date without prejudice to antecedent breach, would the seller have a remedy where the buyer has not used reasonable endeavours to obtain planning permission?

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Produced in partnership with Christopher Snell of New Square Chambers
Published on LexisPSL on 08/12/2016

The following Property Q&A produced in partnership with Christopher Snell of New Square Chambers provides comprehensive and up to date legal information covering:

  • In a sale contract conditional on planning, if the contract ends on the longstop date without prejudice to antecedent breach, would the seller have a remedy where the buyer has not used reasonable endeavours to obtain planning permission?
  • Case study
  • Reasonable endeavours, best endeavours and reasonable endeavours
  • Contractual remedies
  • Wasted legal costs
  • Other losses

In a sale contract conditional on planning, if the contract ends on the longstop date without prejudice to antecedent breach, would the seller have a remedy where the buyer has not used reasonable endeavours to obtain planning permission?

Case study

A contract for sale conditional on the buyer obtaining planning permission provides that 'If the condition has not been satisfied by the Long Stop Date this contract will end, but without prejudice to the rights and remedies of either party in respect of any antecedent breach'. The buyer has not used reasonable endeavours to obtain the planning permission. Does the seller have any recourse against the buyer for wasted legal costs or any other contractual remedies?

Reasonable endeavours, best endeavours and reasonable endeavours

An obligation to use best endeavours requires that the promisor takes all those steps in their power which are capable of achieving the desired result, in this scenario the granting

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