Is a clause in an agreement of sale denying a purchaser the right to assign without the approval of the vendor?
Saskatchewan, Canada
The following excerpt is from Hallson v. Brounstein, 1924 CanLII 92 (SK QB):
See McKillop v. Alexander, supra, judgment of Idington, J., at p. 557 (45 S.C.R.): I still adhere to the views I expressd * * that the clause in agreements of sale denying the right of any purchaser to assign unless with approval of the vendor are, as between others, of no consequence.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a vendor contracts to sell to a purchaser an agreement for a lease and the purchaser subsequently repudiates the contract, can the vendor continue to exercise its right to exercise that right? (Saskatchewan, Canada)
Does a subsequent purchaser of the legal estate have to pay the full consideration of the purchase, even after the purchase was completed, if the subsequent purchaser has paid the entire amount of consideration, even though the previous purchaser had a prior equitable interest in the property? (Saskatchewan, Canada)
Does a vendor have the right to treat non-payment of the purchase price as abandonment of the agreement for sale? (Saskatchewan, Canada)
Is a purchaser bound by the provision in an agreement that "the purchaser accepts the purchaser's title to the said land"? (Saskatchewan, Canada)
Is a lien against a vendor waived by the fact that the vendor is suing the vendor for unpaid purchase money? (Saskatchewan, Canada)
Is a vendor's lien waived by the fact that the vendor is suing the vendor for unpaid purchase money? (Saskatchewan, Canada)
Can a vendor rely on a “time is of the essence” provision in an agreement where the vendor has waived his right to rely on such a provision? (Saskatchewan, Canada)
Can a purchaser under an agreement of sale continue to make payments to the vendor after having notice of a subsequent mortgage? (Saskatchewan, Canada)
Does a purchaser of a mortgaged property have to indemnify the vendor against his personal liability to the vendor under a covenant to pay contained in the mortgage? (Saskatchewan, Canada)
Can a vendor be held responsible to the purchaser for the consequences of a latent defect known to the vendor prior to the sale of a house? (Saskatchewan, Canada)
