Sharma and another v Simposh Ltd – WLR Daily

Posted November 28th, 2011 in deposits, law reports, repayment, sale of land by sally

Sharma and another v Simposh Ltd [2011] EWCA Civ 1383; [2011] WLR (D) 341

“Property in a deposit could pass to the vendor notwithstanding that the sale contract was void for non-compliance with the formal requirements of section 2 of the Law of Property (Miscellaneous Provisions) Act 1989, provided that the payment was not intended to be conditional upon completion of the transaction; and the vendor could retain the deposit if the purchaser had received the expected benefit.”

WLR Daily, 23rd November 2011