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GAZETTE
P R A C T I C E
N O T E S
DECEMBER 1994
Practice of not providing a
Full Contract
2. Clients may not be fully advised as
to the implications of the General
Conditions;
Sale by a Receiver
Many solicitors have adopted the
practice of furnishing Conditions of
Sale which refer to, and incorporate,
the General Conditions, without
actually including a print of the
General Conditions with the Contract
for Sale.
For a number of reasons the
Conveyancing Committee disapproves
of this practice:-
1. If everyone adopts this practice,
practitioners will become less
familiar with the contents of the
General Conditions;
3. If the clause incorporating the
General Conditions is incorrectly
drafted it may well create
uncertainty as to which edition of
the General Conditions applies to
the transaction;
4. In the event of litigation, special
proof would be required to
identify the General Conditions
which were intended to apply to
the particular sale.
Conveyancing
Committee
As the Receiver's authority to sell
depends on the continuing existence
of the charge under which he was
appointed, it is important to ensure
that any discharge of a charge in
favour of the appointor of the
Receiver is dated subsequent to any
assurance under which the Receiver
purports to sell the property.
This note is an addendum to the
Practice Note titled "Purchasing From
Liquidator or Receiver" published in
the Law Society's Newsletter dated
September 1986.
Conveyancing
Committee
H
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