• Removing Contract Clauses

    By Guest on 11th Jan 2018

    It is usually a standard condition in a contract that the seller is required to notify the buyer of any change of circumstances or information in respect of the property that they become aware of up until the date of completion, even where the contract has been exchanged.

    The seller’s solicitor is trying to remove this requirement from the contract as the seller is a Company and owing to its institutional nature they are concerned that if information is received between exchange of contracts and completion it may take some days to reach the relevant sales manager who is the person that will be able to notify us of any change in circumstances. Whilst the seller will endeavour to supply information as soon as it becomes aware of it they are unwilling to take the risk of contractual liability if there is a risk of a delay whilst information filters to the correct person or department.

    Is this normal and is it something I should be worried about? I'd like to keep this clause in the contract, what alternatives do I have? Any advice would be greatly appreciated.

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