To Comply or Not to Comply

Recently a client of ours was told by her solicitor, a couple days before settlement date that the developer was insisting on settlement taking place without a code of compliance certificate being issued by the local council. On close inspection of the agreement it stated that settlement could take place without the certificate being issued and while it stated that the developer would use his ‘best endeavours’ to obtain the certificate it was rather vague as to what would happen if it was not issued. It was not vague however about settlement, that would take place, end of story.

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