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NON-COMPLIANCE WITH THE LAW CAN LEAD TO YOU LOSING OUT IN PROPERTY DEALS
In the recent judgment Cooper N O and Another v Curro Heights Properties (Pty) Ltd [2023] ZASCA 66, the Supreme Court of Appeal (SCA) highlighted again why it is so important that any purchase of land complies with the law. In this case the court dealt with section 2(1) of the Alienation of Lands Act, Act 68 of 1981, and that the object of the sale must be carefully and correctly described.The facts of the case briefly are as follows, the liquidator and purchaser came to an agreement to purchase the property, the first purchase agreement failed due to non- payment of the deposit. The parties then concluded another agreement, but again the purchaser failed to pay and only paid the deposit after a letter of demand was issued. Due to the delay an addendum was signed pushing the transfer to a later date, a second addendum was then signed, dealing with the incorrect erf number of one of the properties in the deal. It was signed by the Sellers and sent to the Purchaser for signature, it was at this point that the litigation arose. The Purchaser requested that an erf, the “ring road” be subdivided to ensure that only the part that the Purchaser wanted be transferred to thePurchaser.
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