The Lemon Fool

For a client, I've sold a commercial property prior to auction, the buyer has signed an auction contract.
Unfortunately, the EPC has not yet been obtained (evidently the buyer doesn't care too hoots about it!).

I'm hoping it'll be forthcoming, (the hold-up is getting access to the property), but DAK please whether the buyer could rely on the absence of an EPC as a reason to delay completion?

brightncheerful wrote:For a client, I've sold a commercial property prior to auction, the buyer has signed an auction contract.
Unfortunately, the EPC has not yet been obtained (evidently the buyer doesn't care too hoots about it!).

I'm hoping it'll be forthcoming, (the hold-up is getting access to the property), but DAK please whether the buyer could rely on the absence of an EPC as a reason to delay completion?

I can't see that the buyer would have any justification for refusing to complete. Firstly, the requirement for an EPC is a statutory one - i.e. failure to produce it is a criminal offence punishable by fines rather than something that provides a right to a make a civil claim.

Secondly, the buyer is fully aware of the position and has exchanged contracts anyway, so there is no misrepresentation that he can rely on to justify failing to complete.

Thanks for that.

Unfortunately it's not going to be possible until the property is inspected (by the EPC provider) whether necessary to have an EPC: it might qualify for exemption.