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  1. Perp

    Buyer wants to cancel contract..can they?

    My reading of this situation is that the contract was conditional, but the condition having been previously satisfied when they got an approval, is now unconditional. The condition isn't re-enlivened if his finance falls through after the condition has been satisfied. That seems like a very...
  2. Perp

    Buyer wants to cancel contract..can they?

    Ooh, is this as exemplified by Walton Stores v Maher?
  3. Perp

    Buyer wants to cancel contract..can they?

    Unless the statutes have been modified in the 12 months since my contracts textbook was published, contracts for sale (and leases, and guarantees) must be evidenced in writing, but statute is silent as to how they may be varied and terminated. As such, it is determined by the common law...
  4. Perp

    Buyer wants to cancel contract..can they?

    Neither of those scenarios would be enough to give rise to an estoppel. This situation probably lacks the element of inducement that gives rise to unconscionability, e.g. it'd be different if the vendor induced the buyer to believe they'd be released from the subject contract, in order for the...
  5. Perp

    Buyer wants to cancel contract..can they?

    It's about assessing what your contractual intentions are based on your conduct. Feelings and so on do generally mean squat, but it's relevant to how a reasonable person interprets your behaviour. If you ask to be released from a contract, and the other party asks for your letter of...
  6. Perp

    Buyer wants to cancel contract..can they?

    I am not a lawyer, and it almost certainly won't. But you have to be careful not to give rise to what's called an estoppel, which basically means that you "can't go back on your word to somebody else's detriment". (I hope Terry excuses my lay interpretation.) The vendor asks for evidence of...
  7. Perp

    Buyer wants to cancel contract..can they?

    If they had advised that the contract finance condition was satisfied, the contract had become unconditional and the bank revoking their finance would be the buyer's problem, not yours. My only reservation is that you mention an on-completion valuation. Provided they advised "finance satisfied...
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