||All England Reporter
|| All ER (D) 62 (Nov)
|| EWHC 2678 (TCC)
||Queen's Bench Division (Technology and Construction Court)
||Timothy Dutton (instructed by Howard Kennedy) for the claimants.
||Helen Galley (instructed by Paul Davidson Taylor) for the defendant.
||Stephanie Tozer (instructed by Lucas McMullan Jacobs) for the Irish parties.
||27 October 2006
Sale of land - Notice to complete - Validity - Effect of claim for abatement - Substantial misdescription of property - Whether defendant departing from agreed specification - Whether departures amounting to substantial misdescriptions of property.
In all the circumstances, there had been substantial misdescriptions of the flats that the claimants had agreed to purchase from the defendant so as to entitle the former to refuse to complete the sale. The court commented that, in principle, where there was a misdescription which would reduce the purchase price, a claim for abatement did affect the ability of a vendor to be ready and willing to complete. It therefore impeached any notice to complete.
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