Kit wrote:
> In article <(E-Mail Removed)>, Peter Crosland
> <(E-Mail Removed)> wrote:
>
>> Graham J wrote:
>>> "Jono" <(E-Mail Removed)> wrote in message
>>> news:(E-Mail Removed). ..
>>>> Mortimer expressed precisely :
>>>>> To avoid this delay (which happened to my girlfriend) I've
>>>>> suggested that he gets his solictor to build into the house-buying
>>>>> contract the condition that the previous owners will have ceased
>>>>> their broadband on or before the completion date.
>>>>
>>>> OK.......what makes you think that the line will lose its flag even
>>>> if they do do this?
>>>
>>> That's not relevant. You put a penalty in the contract equal to the
>>> cost of getting BT to setting up a completely new line at the
>>> premises, and recover the cost from the seller ...
>>
>> Penalty clauses are not enforceable.
>
> Penalty clauses which are called such and are intended as penalties
> are not enforceable. However, 'Liquidation of Damages' clauses which
> impose a fair assessment of actual damages that would be caused are
> enforceable.
The crucial word is fair. A new line would incur installation costs and
almost certainly tweleve months rental. I rather doubt that would be
considered fair. Furthermore most solicitors would advise their client not
to agree to such a clause.
Peter Crosland
(E-Mail Removed)