What Factors Typically Matter in These Disputes?
Every case is different, but the factors that tend to shape the outcome include:
Whether the seller met their obligations. If the seller failed to obtain key documentation - such as a No Objection Certificate - or left an undisclosed mortgage on the property, this changes the picture considerably.
How the SPA is drafted. Some agreements include exit clauses, conditions precedent, or provisions that apply when circumstances change materially. Others donât. The wording matters.
Whether there was any misrepresentation. If key facts about the property were inaccurate at the time of signing, this is typically relevant to how the dispute is assessed.
How the parties have communicated since. Every message exchanged after a deal starts breaking down becomes part of the record. Informal conversations can affect outcomes in ways people donât anticipate.