Selling your property in a new digital age

01 March 2021 , Gerda Janse van Rensburg 585

Times are surely changing and with the Electronic Communications and Transactions Act (ECTA), it is now easier than ever to facilitate electronic communications and transactions online, via e-mail, SMS, and even Facebook and WhatsApp.

However, there are certain instances where this act and the electronic signature therein may not be used to conclude a transaction, and these are:

Sale of immovable property
Long term leases more than 20 years
Execution of your will.
Cheques

It is therefore important to remember that you still need to put pen to paper and sign the contract when selling your home.

Some of the financial institutions have seen the gap and are currently introducing electronic ways to sign the bond documents required by them, to facilitate the loans.

We can safely presume that the New way of communicating via WhatsApps, E-mails etc, is simply the way the world is working now and will continue to be used. Use the new technology to sell a TV, painting or bike. It is legal and the way of the future, but when it comes to the selling and purchasing of immovable property, the agreement must still be in writing and physically signed by hand, in pen, by the parties.

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