When selling a house you have to comply with the provisions of section 2(1) of the Alienation of Land Act 68 of 1981. The section prescribes only three formalities for selling a property, namely:

A contract for the alienation of land must

1. be in writing,
2. and be signed by the parties, and
3. if they make use of agents, the agents must have their written authority.

Non-compliance with the section causes the contract not to be "of any force or effect". The legislature's reasons for requiring these formalities are to prevent uncertainties, exclude disputes and avoid malpractices.   It is therefor not possible to sell your property to someone, on a verbal agreement or a handshake.

It is also true that although the world is moving to electronic signatures and easier legal access, the signing of property documentation is currently explicitly excluded.  Although there is movement into the electronic sphere, it is not there yet.

One of the most searched legal questions is: are verbal agreements valid and binding?   When selling/donating property it is therefor a legal requirement that you comply with this section.

Furthermore, the following essential elements need to be present for a any contract to be valid:

1. the parties must have the capacity to contract; example – be 18 years old
2. there must be an offer and acceptance;
3. there must be consideration;
4. the contract must be possible; and
5. the contract must be lawful.

Be weary of who you do business with and ensure that you comply with the legal requirements for contracts and selling of land when busy with that.