The importance of assignments: If you are purchasing a site for development, would you rely on a report your seller obtains in its favour then gives to you, stating that you can rely on it; the seller accepting no liability for its contents?

This blog post explores why purchasers should take an assignment or insist on other protection before relying on reports provided to them by others.

If your answer to the question posed is ‘yes’, read on as this is exactly what happened in the case of BDW Trading Ltd (the “developer”) v Integral Geotechnique (Wales) Ltd (the “consultant”). In this case, the developer was left without a legal remedy when he suffered loss having relied on a negligently prepared report. Continue reading

Equitable easements – a trap for the unwary developer

When purchasing a development site, it is important to make sure that the site can be used for the purpose for which it is acquired. When it comes to easements, in theory a purchaser should not get any nasty surprises. However, overriding equitable easements can be hard to detect but can have costly consequences. What are they, what is their impact and how can the risk they present be minimised? Continue reading

IPF Non-Disclosure & Exclusivity Agreements

Author: Richard Forsdyke, Partner, Real Estate, London

We find this interesting and so thought we would share.

To save unnecessary time and resources drafting bespoke agreements, the Investment Property Forum ("IPF") has published a standard form Non-Disclosure Agreement ("NDA") for parties to a potential property transaction wanting to review marketing material and/or begin due diligence.  They have also published a standard form of Exclusivity Agreement ("EA") and guidance notes for each agreement.

Both agreements and the guidance notes can be found on the IPF website.

For more information please contact:

Richard Forsdyke
Richard Forsdyke
Partner, Real Estate, London
+44 20 7466 2856