A purchaser who states inability to complete and takes no steps towards settlement (such as submitting a transfer or settlement statement) will be held to have intimated to the vendor that completion will not occur, dispensing the vendor from the requirement to be ready, willing and able to complete. Reliance by the vendor on such intimation is normally inferred and need not be proved by direct evidence. Engagement in without-prejudice negotiations does not waive the essentiality of time under a notice to complete where the party serving the notice separately reserves its rights in open correspondence.
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