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Commercial Leases

Without prejudice and subject to contract

The property sector, probably more than any other, uses the expressions ‘subject to contract’ and ‘without prejudice’ on a daily basis. Practitioners will often see correspondence submitted by property negotiators bearing one or other or both labels in circumstances that are quite inappropriate. It is almost as if it is drummed into negotiators at college that the labels must always be used. A couple of recent cases, which might be passed to surveyor contacts, have been reported which we think it is worth sharing with our readers.

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