wording of agreement

Lily_

Hi there, I have been given an agreement to sign, but I'm not sure what these clauses mean : 2.4.1. encumber or deal with the title to the Property except with the Buyer 2.4.2 solicit or respond to any approach to encumber or deal with the title to the Property with anyone other than the Buyer Any advice will be higly appreciated. Many thanks, Lily

G_M

You need to provide both context and greater information.

I assume this is a contract to sell a property?
Is it a standard sale?
Is this taken from the Standard Conditions of Sale? which edition? (the 5th edition has no clause 2.4)
What is the wording of the clause as a whole? please quote heading for clause 2, and full wording of sub clause 2.4

Lily_

Hi,
thank you for your response.

My husband and I are buying a house, which needed Change of use to be granted. We prepared and submitted the planning application. However halfway through the vendors declared that they want to re-market the property. We withdrew our planning application. They have since convinced us to re-strat the purchase under the condition that they put a deposit in holding of a solicitor, which will be released to us (in order to cover the planning expenses which we have incurred to date) in case they back out again. Point 2.4.1 and 2.4.2 states under what circumstances the deposit will be released to us, but I don't really understand what the wording means.

It's not a standart contract, it's a pre-sale agreement.



2. SELLER’S OBLIGATIONS
The Seller undertakes:-


2.4. During the Exclusivity Period not to (nor instruct or allow anyone else to):-
2.4.1. encumber or deal with the title to the Property except with the Buyer
2.4.2 solicit or respond to any approach to encumber or deal with the title to the Property with anyone other than the Buyer


Thanks again for your help

davidmcn

It means they're not allowed to sell or mortgage etc the property during the exclusivity period.

Don't you have a solicitor? You should really be getting legal advice (i.e. not from us!) about this sort of thing.

G_M

beats me how you expected anyone, legally trained or otherwise, to interpret and explain the meaning of half a sentence!

I mean - once the whole sentence was quoted, it became pretty self-evident what it meant!

Lily_

Thanks for the replies