Blank or incomplete agreements? Don't sign

Sellers and buyers of land must remember that Section 2(1) of the Alienation of Land Act provides that no sale of land is of any force or effect unless it is contained in a sale agreement signed by the parties or their agents acting on their written authority.

Durban attorney Bridgett Majola of Shepstone & Wylie Attorneys, says “it is not possible in our law to rely on an agreement that does not have all the material terms, even if such agreement has been signed.”

Writing in the company’s Corporate and Commercial Department Flyer July 2008, Mojola draws attention to the case of Fraser v Viljoen (621/2006) [2008] ZASCA 24 (27) March 2008. The Court had to deliberate on the question of whether a contract for the sale of a flat complies with the provisions of the Alienation of Land Act 68 of 1981.

 

Read the full article here