Dot the i's and cross the t's!!!

02 March 2023, Dries Knoetze 208

As part of the litigation department, I find quite often that I am tasked to litigate over a dispute relating to immovable property resulting for either no written sale agreement or a the lack of a proper sale agreement being entered into.

The most recent dispute was only settled after the High Court and eventually Supreme Court of Appeal had to be approached for relief, which costs the client nearly 2 million rand in legal costs.

It is thus important that in order to ensure that your contact is properly drafted, rather spend the few hundred rand now then fact litigation costs later.

In terms of the Alienation of Land Act, all sales relating to immovable properties must be in writing and must the following elements be present in the agreement:
1) The description of the property i.e. erf no, street address or alike;
2) The description of the parties who enter into the agreement;
3) The purchase price of the property

If the agreement is not in writing, the agreement will be void as if there is no agreement and will result in fact that the agreement will not be enforceable.

Although it seems that you can just draw an example of such an agreement from google, it is strongly advisable that you obtain advice from a respectable law firm before you sign any agreement to ensure that the agreement complies with the relevant elements and that the seller has the necessary authority to sell the land to you.

Previous

Importance Certificate of Compliance e- Electrical fencing

Next

First year Anniversary of being admitted as a Legal Practitioner