Not exact matches
Represented successful
vendor in claim for damages
against defaulting
purchasers of real commercial property.
The
purchaser has recourse
against the
vendor only for misrepresentations, or fraud, or matters that were required to be disclosed but were not listed in the disclosure schedules.
John is also regularly instructed to appear in analogous cases in the High Court and County Court such as claims in which a
purchaser seeks to enforce post-contractual restrictions
against a
vendor of a business; claims to enforce duties of confidentiality; claims in which a company to enforce a former director's fiduciary duties; and claims under the Commercial Agents (Council Directive) Regulations 1993.
Justice Perell also noted that the plaintiff's «strained interpretation» would have the anomalous result that some s. 130 claimants (the secondary market
purchasers) would not have the alternative statutory right of rescission which is only available
against the issuer, selling security holders and underwriters (and not secondary market
vendors).
The
purchasers brought an action for breach of contract
against the
vendors, the real estate agent and his brokerage for deceit.
However, the damages awarded
against the
vendor were cut in half because the
purchaser disregarded the inspection report and thereby contributed to their own loss.
The
purchaser registered first thing the next day, but not before the
vendor put on title a «fictitious» mortgage
against the property.
In a recent case, after a real estate deal failed to close, the
vendor took legal action
against the would - be
purchaser.