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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33516
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I have a question about conveyancing which I would

Resolved Question:

Hello,
I have a question about conveyancing which I would appreciate your advice on:
Recently, my mother died before the sale of her apartment in Hong Kong could take effect. Can the buyer claim damages for something that is "beyond one's control"? Does the "Act of God" absolve the seller's estate from penalties for defaulting on the sale?
Submitted: 1 year ago.
Category: Property Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
Thank you for contacting JustAnswer.co.uk.
It was brought to our attention that you asked a legal question about Hong Kong, where we do not have active professionals. As much as we would like to assist you, we have to be honest and say that the best we can do is maybe to provide a legal Internet researcher who might be able to find your answer. We realize that option is not ideal, and we always want to provide our customers with the best possible answer.
At this time, we'd like to give you the option of leaving your question open. Keep in mind that you're never obliged to accept an answer that you're not satisfied with, and you can try it out before you accept. Or, we can close your question page for you, if you prefer.
Please let me know how you’d like to proceed,
Nicola
Customer: replied 1 year ago.

Hello,

I was assuming English Law applies to Hong Kong as well. What would be the situation if it happened in the UK?

Expert:  Nicola-mod replied 1 year ago.
Hello,
Thank you for clarifying. We will continue to look for a Professional to assist you under UK law.
Thank you for your patience,
Nicola
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare.
I can answer the question as to what would happen in England and Wales - but it is not safe for you to assume that this is what would happen in Hong Kong.
Do you still wish me to go ahead?
Clare
Customer: replied 1 year ago.

Yes, please!

Expert:  Clare replied 1 year ago.
Hi
In England and Wales the death of the vendor between Exchange of Contracts and Completion of the Sale does not negate the contract and the Estate must go forward with the sale at the earliest opportunity - and is liable for any financial loss suffered by the buyer because of the delay.
The fact that the death was unexpected is simply not relevant I am afraid
Please ask if you need further details
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33516
Experience: I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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