TPE | Examples


Issue Solution
Sale of land/ property that was previously used for public purposes, no or incomplete documentation of required ‘déclassement’ Known Risk Policy
Seller will liquidate after the sale of the property and limits the duration and the extent of contractual guarantees Blanket Cover Policy
Existing legal documents are at risk of being interpreted differently at a later date as a result of more recent caselaw and amendments to the law (public procurement, financial assistance, corporate consents or undertakings) Known Risk Policy
France : potential 3% tax risk – differing expert opinions on a 3% tax matter, retention of documents by successive owners is required to remove the risk of a joint and several liability for the 3% tax Known Risk Policy + document escrow
Boundary of common areas within a co-owned office building are unclear Known Risk Policy
A building permit with missing documents, and an operating permit granted on the basis of incorrect surface measurements Known Risk Policy
An existing building could be considered as not meeting the height restrictions imposed by more recent local rules – this may affect the possibility of reconstructing or renovating the building Known Risk Policy
Chain of successive ownership – multiple successions (private dwelling) Known Risk Policy
Error : deviation of the cadastre / land registry from (notarial) title documents Known Risk Policy
Seller provides the required contractual guarantees but
buyer doubts the financial strength of the guarantor
Blanket Policy Cover
Seller guarantees are of limited duration and scope, and there is a title issue that is excluded from the W&I insurance offer obtained from insurers Blanket Policy Cover + Known Risk Policy in addition to the W&I policy


For more information please contact Elise Klein Wassink


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