In our second article exploring the language of real estate disputes, Matthew Bonye, Frances Edwards and Shanna Davison explain how to ensure you remain protected in settlement negotiations
As we explained in our first article on communicating throughout real estate transactions, saying what you mean is not always straightforward, particularly in regard to the common label 'subject to contract'. A corollary to this label is 'without prejudice', or 'without prejudice save as to costs', which often arise in a contentious context.
The interplay between 'subject to contract' and 'without prejudice' needs to be considered carefully, as these labels do not provide a shield behind which parties can say anything they want off the record and without consequence.
To find out more about communication in real estate disputes, read the full article.
The article was first published by EG on 17 January