Contracts / Deeds of Sale

By: Wilson Mcwilliams  11-11-2011

on November 26, 2010

One of the first articles that I wrote for this newspaper, which appeared in the Property Post of 2 August 2003 dealt with “voetstoots” sales and latent defects (this earlier article can be viewed on my firm’s website www.wilsonmcwilliams.co.zaand contains an explanation of the terms “voetstoots” and latent and patent defects. Subsequent to the above article there [..]

on November 26, 2010

The terms “option” and “right of pre-emption” (more commonly known as a “right of first refusal”), are often confused by persons involved in property transactions. There is a significant difference between granting or receiving an option to buy or sell property and granting or receiving a right of first refusal. An option is an offer [..]

on November 26, 2010

In previous columns I set out some basic guidelines relating to the signing and completion of deeds of sale relating to the sale of property and the formalities that have to be complied with to ensure that such contracts are legally binding. I was recently asked whether it is a legal requirement that the seller and [..]

on November 26, 2010

What remedies does a party to a deed of sale have if the other party fails to fulfil his or her contractual obligations? The first step to be taken under such circumstances is to consider the wording of the clause in the deed of sale relating to the breach of the contract by one of [..]

on November 26, 2010

In a previous article I dealt with the legal implications of ”voetstoots” sales. As a general rule, the voetstoots clause in a Deed of Sale excludes the seller’s liability for latent defects such as leaking roofs, damp, structural and other defects which are not visible to the naked eye. Another issue which often causes disputes between sellers [..]

on November 26, 2010

When disputes arise between sellers and purchasers of immovable property regarding the terms and conditions contained in the deed of sale I am often told by such persons that they didn’t understand the legal implications and consequences of the contract that they signed. Quite often sellers and purchasers even admit that they did not even read [..]

on November 26, 2010

Almost every Deed of Sale/Offer to Purchase relating to the sale of immovable property contains a clause stating that the property is sold “voetstoots” (as is/as it stands). What is the effect of such a clause? Under the common law the Seller is responsible for latent defects which exist in immovable property (and movable property) [..]

on November 25, 2010

In one of my earlier articles, I dealt with suspensive conditions. In simple terms, a suspensive condition in a sale agreement is a condition that makes the sale dependent upon the occurrence of some future event. The two most common suspensive conditions which are encountered in contracts relating to the sale of land are the [..]

on November 25, 2010

Most sales of immovable property are concluded subject to one or more suspensive conditions. One of the legal definitions of a suspensive condition is that it is a condition which suspends the operation or effect of one or more of the obligations under a contract until the condition is fulfilled. In other words it makes [..]

on November 25, 2010

I was recently involved in attempting to resolve a dispute between a Seller and a Purchaser relating to the “blank spaces” in a deed of sale. All standard deeds of sale used by estate agents contain blank spaces which have to be completed relating for example to the amount of the purchase price, the date [..]


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