A client recently contacted me to say that her mother needed a power of attorney. After asking some questions it became clear that it would not be possible for a power of attorney to be prepared on this occasion because mother had advanced dementia so was...
With businesses becoming insolvent in large numbers, opportunities abound to acquire assets from their administrators. However, the low prices sought for the assets are due, at least in part, to the additional risk to the purchaser.
Here are some of the main issues to be aware of when buying property from an administrator:
• Vacant possession of a property will not normally be guaranteed and the cost of clearance of items left in the building should be borne in mind;
• No guarantees or warranties regarding the property will be given – undertaking proper due diligence to reduce risks is advisable;
• There may be items that appear to be a part of the property being sold which do not in fact belong to the insolvent business; and
• The administrator acts only as agent for the insolvent company and will accept no liability for errors or omissions.
Buying a property from an administrator is a risky business. We can help you to control the legal risks.