Capital Letter: When tender of settlement would be futile and solicitors’ duties
Here the property in question was to be on-sold contemporaneously.
In 2005 the Supreme Court held, in Bahramitash v Kumar [2005] NZSC 39, that where a vendor gives an unambiguous indication of not being ready to settle, so that tender of settlement would be futile, it is not necessary for the purchaser to tender settlement.
A case in which this issue has arisen
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Capital Letter: When tender of settlement would be futile and solicitors’ duties
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