Sheriff Court case in which a purchaser entered missives with AMA for the purchase of a flat at McEwan Square in Edinburgh. The date of entry established by a mechanism in the missives was 23rd December 2009. The purchaser failed to pay on the date of entry and AMA raised an action for payment of the purchase price with interest. The purchaser argued that the contract contained mutual obligations and, where the seller retains title to the property, it cannot seek payment of the price. The Sheriff found that AMA were entitled to sue for payment of the purchase price and they were not bound to either seek an order for specific implement in the specific style set out in Green’s Encyclopaedia or to accept the purchasers rescission of the contract and seek damages. What AMA were seeking was implementation of the bargain and, on payment of the purchase price; the purchaser would be entitled to a disposition and entry.
Scottish Courts, 27 August 2010