Sale Agreements Why Attention to Detail is Crucial
In property sale transactions, whether residential or commercial, property purchasers often opt to buy in a company rather than in their personal capacities. Whichever way one goes about it, it is strongly recommended that you consult with your conveyancer before signing, to avoid the pitfalls that often arise.
In this regard it is important to give due consideration not only to the decision to buy in an entity, but also to clearly reflect the purchasing entity in the sale agreement. In June 2013 judgement in Osborne v West Dunes Properties 167 (Pty) Ltd, a R17 million sale fell through because the purchaser did not clearly indicate whether he was purchasing the property in the name of an existing company he owned or in the name of a shelf company that he intended to purchase for this purpose.
The Court found that the statutory requirement that the agreement must be signed by the parties, was accordingly not met as the signature of the purchaser that appeared in the agreement seemed to indicate that the purchaser was the exisitng company and not the shelf company (which was the intended purchaser). The signature was therefore not that of the true purchaser and rendered the written agreement invalid.
Article Courtesy of STBB ... www.stbb.co.za
05 Aug 2015
Author Smith Tabata Buchanan Boyes
