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Possession, not registration, is test for substantial performance

Published on: 12 January 2012

Table of contents

  • Substantial performance – alternative tests
  • Ignorance not a reasonable excuse for late filing

Article summary

A buyer was late in filing a land transaction return. Its argument that the effective date of the transaction was the date of registration failed. The effective date was the date of completion or earlier substantial performance of the contract (when possession was taken or the consideration paid). Ignorance of the need to file a return was no excuse for another buyer.

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