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Specific performance Title obligations of a seller where the contract is silent and the buyer is aware of the seller-s lack of title Ezekiel v Kohali [2009] EWCA Civ 35 Summary The Court of Appeal confirmed earlier case law that stated that, where the buyer has actual knowledge of the seller-s title before exchanging an open contract, there is no obligation upon the seller to show a good title. Facts In this unusual case, both sides sought an order for…

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