Further Details
The following sets out the content of the course in the approximate order in which it will be discussed during the day.
Structure of the agreement
Parties, interpretation and definitions
Agreement to sell and buy
Pre-conditions, covenants & completion
Boilerplate clauses
Schedules
Representations, warranties and indemnities
Purpose and scope
Interaction and overlap
Caveat emptor
Relationship with due diligence
Long and short form warranties
Limiting the vendors liability
Disclosure letter
Entire agreement
Effect of purchasers knowledge
Hidden values
Agreeing the levels of liability
Limiting the period of liability
Tax effects of warranty payments
Insurance
Purchasers warranties to the vendor
Collection of debts
Conduct of claims
Assignment of rights
Subsequent disposals
Limiting third party rights
Protection and remedies of the purchaser
Exchange and delayed completion
Misrepresentation
Breach of warranty
Damages or rescission
Full and limited title guarantee
Determining third party rights
Management buyouts
Executive shareholders
Conflicts between covenantors and vendors
Changes of control of the purchaser
Disposal by the purchaser
Receivers and administrators
Third Party Rights Act
The tax deed
Areas to cover
ESC D33
Retrospective legislation
Combined events
Property warranties
Investigation, certificate or warranties?
Scope of protection
Good and marketable title
Purchase of shares or land
Completion accounts
Advantages and disadvantages
When to use them
Analysis of provisions
Procedures for utilisation
Guide price
£3,200 per day + VAT |