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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11554
Experience:  30 years as a practising solicitor.
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We live in Scotland and have been disputing boundaries for

Resolved Question:

We live in Scotland and have been disputing boundaries for property we were supposed to exchange keys for today, missives clearly state we need to see and agree on a P16 which sellars have failed to provide, can we now walk away as they have broken terms of contract, please advise at my wits end
Submitted: 3 years ago.
Category: Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Most missives for the sale and purchase of residential properties stipulate that if, at the date of entry, the seller die not give vacant possession or otherwise fails to implement any material obligations due by the seller in terms of the missives, then the purchaser, if the purchaser is otherwise ready to settle, can claim damages for reasonable losses arising.

Typically the missives would go on to say that if the breach continues for 14 days from the date of entry the purchaser can entitled to treat the breach as repudiation and can rescind the missives on giving the seller written notice to that effect.

You will have to check your own missives for the detail but that is the type of thing that the missives are likely to say.

A P16 report in a first registration transaction is material in my view.

So if missives are concluded you can walk away provided that you do so in accordance with what the missives say as regards XXXXX XXXXX etc. and if missives are not concluded you can walk away anyway.

Please leave a positive response so that I am credited for my time.
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