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You are approached by the liquidators of a large property company. They wish to instruct you to dispose of the freehold of a factory unit which was owned by the company now in liquidation. The liquidators wish the sale to progress as quickly as possible and have been approached by several interested purchasers. They have accepted an offer from one purchaser and have instructed you to prepare a draft contract and send this to the first purchaser. However, they also wish to protect their position if the sale falls through and therefore instruct you to prepare a pack of title documents and property information forms and send these to the other two prospective purchasers, so that (if they wish) the other purchasers can instruct their solicitors to get a head start on the conveyancing work on the off-chance that the agreed sale does not go ahead. The first purchaser is a cash purchaser, so the liquidators do not want to spook them. They therefore instruct you to keep the existence of the other potential purchasers secret and not to advise the first purchaser of their instructions in relation to the other potential purchasers.Which of the following best describes the position?
选项:

A: The liquidators' suggestion to send papers to the prospective purchasers is a sensible means of minimising the risk to the liquidation and you are under no obligation to disclose the existence of the other purchasers as long as there is only one draft contract in circulation
B: You should inform all prospective buyers that you have been instructed to deal with other buyers, regardless of whether the liquidator allows you to or not
C: You can only act if the liquidator allows you to notify the other parties to the transaction that the liquidator is dealing with more than one party, otherwise you should not send the title documents to the other parties and just deal with one
D: You can only act if the liquidator authorises you to notify the other parties to the transaction that there are multiple buyers. If you do not receive this authorisation from the liquidator, you should decline to act
E: You can only act if the liquidator authorises you to notify all buyers that there are multiple buyers and to specify the circumstances in which each offer to purchase the property will be accepted

发布时间:2024-04-04 11:15:05
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