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Conveyancing Expertise – Notice to Complete for failed completions

The case of a Northstar Land Ltd v Brooks [2006] is a leading conveyancing case dealing with Notice to Complete.

In the mid-afternoon of the day fixed for the completion of the sale of land the purchaser's conveyancing solicitor asked the vendors' conveyancing solicitor on the telephone whether time for completion could be extended for a week.

The vendors' conveyancing solicitor said that he would take his clients' instructions and revert back. He failed to do so. The purchaser sought to argue that the vendor was stopped from denying that the time for completion had been extended.

The court held that the argument failed. The statement, "I will take instructions" is equivocal. So too was the silence from the vendor's conveyancing solicitor that followed.

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