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Workshop | Property: claims of rectification

John Coulter looks at situations where 
errors occur through no fault of conveyancers 
and a claim of rectification is made

6 December 2012

Sometimes, there may be a situation whereby an agreement has been reached by the parties but there is an error in the document. Either a term is omitted from the contract altogether, or it is recorded incorrectly. I could go into the possible negligence claims which may be made against conveyancers in such situations, but instead I will simply reiterate the need for conveyancers to cover their backs by confirming the client’s instructions in writing.

If an agreement is reached between the buyer and seller directly and you are then instructed to include this in the contract, you should write back to your client to confirm the instructions given and advise on the amendments to the contract. In doing so, you will ensure that your interpretation of your client’s instructions are the same as intended by the client and, also, prevent a claim being made against you should the instructions be misinterpreted.

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