car crashes through house after exchanging contracs

GDB2222

Richard_Webster wrote: »

Only if the contract follows the 4th edition of the Standard Conditions of Sale without amendment - the 5th Edition would oblige the buyer to complete as it essentially reverts to the Common Law position where it is the buyer's risk from exchange.

All this stuff about who is insured is interesting but the essential point is firs to establish liability under the contract and that depends on which version was being used.

Thanks. I was hoping that someone would point that out.

The practical solution to all this is that the car driver's insurance will pay.

zzzLazyDaisy

GDB2222 wrote: »

Thanks. I was hoping that someone would point that out.

The practical solution to all this is that the car driver's insurance will pay.

Good point - though I would say that the chances of the car driver's insurer authorising a surveyor to inspect the damage, and then arranging for all the necessary works to be completed by the end of this month are less than zero.

Ulfar

Wouldn't there be a problem in that if the risk has been passed to the buyer of the insurance company not paying out as until completion the property doesn't belong to them ?

dacouch

GDB2222 wrote: »

The practical solution to all this is that the car driver's insurance will pay.

Assuming the accident wasn't caused by a sudden illness for the driver