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Notice to complete

This page deals with three cases. In the first, the importance of being ready, able and willing to complete oneself before serving a notice to complete is demonstrated. In the second the notice to complete was invalid because the vendor demanded too much. In the third a request to extend time in a telephone conversation did not give rise to an estoppel.

Ready, able and willing

Failure = repudiatory breach

Singh v Sardar Investments Ltd
[2002] EWCA Civ 1706.

A purchaser who serves a notice to complete, thereby making time of the essence for the completion, must be in a position to perform his own contractual obligations as at that date. Failure to do so amounts to a repudiation of the contract. The purchasers did not have the purchase money at the completion date.

Demanding too much

Notices invalid

Oakglade Investments Ltd v Dhand
[2012] EWCA Civ 286

Summary

Notices to complete the purchase of properties were invalid where the sellers were requiring the buyer to pay larger amounts than ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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