- Transfer costs
- Transfer attorney
The above three clauses of the agreement of sale form the subject of this practice manual. Although not one of them is an essential or material term of the agreement, they are all extremely important in order to avoid unnecessary uncertainty, delays and litigation.
It is clear from the court cases that there is a great deal of uncertainty and ambiguity regarding all three clauses, but it is particularly disturbing to note that property practitioners are still finding it difficult to master the breach clause, which is admittedly a minefield. This is a complex matter which is really the field of the litigation attorney, but of which conveyancers also require a thorough knowledge.