Overview

This property briefing from SJ Berwin takes a look at the implications of two recent developments in real estate.

Firstly, sale contracts: does your contract tell the full story? Land contracts must be in writing, and the written document must incorporate all the terms that the parties have expressly agreed. If it does not, the contract is void. Where a land deal forms part of a wider arrangement, involving a number of documents that do not refer expressly to each other, this rule sometimes leaves the parties in doubt over whether they have successfully created a contract at all. Recent guidance from the Court of Appeal will allay many fears.

And second, marketing materials: inaccuracies could be costly. It is vital to check the accuracy of marketing materials. A recent case highlights the potential danger of misleading claims.

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