Unacceptable clause in contract for sale
05/03/2018
The following clause from a receiver contract was sent to the Conveyancing Committee by a colleague:
鈥淓xclusion of Warranties
For the avoidance of doubt and notwithstanding anything contained in this Contract for Sale, the Vendor is not bound or deemed to be bound by any of the terms and conditions or other obligations of this Contract for Sale and is not providing or deemed to have provided any warranty specifically provided in the Contract for Sale or deemed to be incorporated by virtue of the incorporation of the general terms and conditions of sale.鈥
It goes without saying that such a clause is completely unacceptable, and no solicitor could advise a client to proceed on this basis.