Style clause—suspensive conditions for missives—Scotland
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The following Property precedent produced in partnership with Emma Gray of Blackadders and Melanie Ballantyne of Blackadders provides comprehensive and up to date legal information covering:

  • Style clause—suspensive conditions for missives—Scotland
  • 1 Additional or amended definitions
  • 2 Conditional nature of the offer

Style clause—suspensive conditions for missives—Scotland

Coronavirus (COVID-19): This Style has been updated to include an optional suspensive condition related to financial viability—clause 2.1.8.Extreme caution should be exercised in including these provisions as they are widely drafted and may render the offer more akin to an option. Where longer period is required for purification of suspensive conditions due to Coronavirus (COVID-19), parties may wish to provide for the service of a Coronavirus delay clause, see England and Wales optional clause Coronavirus delay clause which may be modified for Scotland by reference to ‘the Missives’ instead of ‘the Agreement’. For further information see Practice Note: Coronavirus (COVID-19)—property in Scotland.

    1. 1

      Additional or amended definitions

      [Coronavirus

      1. severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) and the disease known as COVID-19;]

      Date of Entry

      1. means the date falling [insert number] Business Days after the Purification Date;

      Necessary Consents

      1. all permissions, consents, licences, certificates, authorisations and other approvals in addition to but excluding the Planning Permission which may be required from any local or other authority or body or person for the carrying out of the Purchaser’s Proposed Development as the case may be, [including, but not limited to OR being]:

        1. (a)

          any consent required to enable and permit the full and effectual completion of the Purchaser’s Proposed Development; and

        2. (b)

          any consents required for connection to drainage and sewage systems, electricity, gas and water supplies,

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