Double sales: who wins?

It seems to happen quite frequently that sellers of property sign contracts of sale with more than one purchaser. The problem is sometimes solved automatically where only one purchaser gets a loan. What is, however, the position where there is more than one enforceable contract in respect of the same piece of land? One of […]

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Can blank pages in a contract lead to its invalidity?

Is a contract of sale valid where it is signed by the purchaser and the seller with a blank page, which is completed with certain terms and conditions afterwards? This question was dealt with in a recent court case of Just Names Properties 11 CC and another v Fourie and others 2007 (3) SA 1 […]

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When can the landlord cancel a contract of lease?

The general perception seems to be that the landlord can always cancel a contract of lease as soon as the tenant is in arrears. This is not entirely correct. The landlord can only cancel the contract if there is a clause in the contract entitling him to act as such. If there is no such […]

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