Buyer’s letter accepting seller’s alleged repudiatory breach: can it be registered?

In Dragon Fame Investment Ltd v Guo Jianjun ([2012] HKEC 1290, CFI) the parties had entered into a provisional sale and purchase agreement. The buyer alleged that the seller had failed to prove good title and the buyer’s solicitors wrote to the sellers purporting to accept the repudiatory breach. The buyers then sent the letter to the Land Registry and the registry entered the letter in the ‘deeds pending registration’ section of the register for the property. The Court held that the letter should not have been sent to the registry and ordered removal of any reference to it from the register.

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