A voetstoots clause and a leaking roof

Have you heard a seller saying that he cannot be held liable for any defects in the house as there is a voetstoots clause in the contract of sale? It is not that simple.   For one, where the Consumer Protection Act applies, for example where the seller sells the property in the course of […]

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What is the effect of a suspensive condition in an agreement of sale?

In an agreement of sale between a buyer and a seller for the acquisition of a property, there maybe suspensive condition clauses.  Until all the suspensive conditions have been met, the sale cannot proceed. Thus it is very important to understand the power of suspensive conditions in a deed of sale.  These are conditions written […]

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What is a ‘rouwkoop’ clause?

What is a ‘rouwkoop’ clause? A ‘rouwkoop’ clause in a contract of sale provides for the purchaser to pay a deposit to the seller that is not refundable should the purchaser withdraw from the contract.  Most contracts of sale, that provide for the payment of a deposit by the purchaser, also contain a provision that […]

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Wat is ‘n rouwkoop?

Dit is ‘n transaksie waar die koper die deposito deur hom betaal verbeur ten gunste van die verkoper, waar die oordrag van die eiendom nie voortgaan nie as gevolg van sy versuim. Die idee van so ‘n rouwkoopbepaling is dus om reeds voorsiening te maak vir skadevergoeding vir die verkoper na aanleiding van die koper […]

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