Farquhar v Scheffer and Another (A319/2006) [2008] ZAGPHC 66 (5 February 2008)

Farquhar v Scheffer and Another (A319/2006) [2008] ZAGPHC 66 (5 February 2008)

The court held that the guarantees provided by the purchaser were delivered to the transfer attorney within the stipulated period and that such delivery constituted compliance with the deed of sale. The contract was not severable regarding erf 90 due to the globular purchase price, but the inability to transfer erf 90 did not render the contract void. The appellant was not entitled to cancel the contract without giving proper notice to remedy any alleged defects in the guarantees, as the respondent had not repudiated the agreement. The respondent ultimately tendered payment of the full purchase price, resolving any outstanding issues. The court ordered that fresh guarantees for...

Citation
[2008] ZAGPHC 66
Parties
Appellant: Shane Peter Farquhar; Respondent: Carel Prinsloo Scheffer; Respondent: The Registrar of Deeds
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
5 February 2008
Case Number
A319/2006
Procedural Posture
Civil Appeal / Appeal From Order Compelling Transfer of Property Pursuant to Deed of Sale
Outcome
Appeal dismissed; order of court a quo set aside and substituted; appellant to pay costs.
Judges
C Botha, C P Rabie, T J Vilakazi
Legal Topics
Specific Performance, Contractual Repudiation, Guarantees in Property Sale, Severability of Contract, Breach of Contract
Land and Property Civil Procedure Specific Performance Contractual Repudiation Guarantees in Property Sale Severability of Contract Breach of Contract

Case Brief

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Parties

Shane Peter Farquhar

Appellant

Carel Prinsloo Scheffer

Respondent

The Registrar of Deeds

Respondent

Procedural Posture

Civil Appeal / Appeal From Order Compelling Transfer of Property Pursuant to Deed of Sale

Legal Issues

  1. 1 Whether the guarantees provided by the purchaser complied with the requirements of the deed of sale.
  2. 2 Whether the inability to transfer erf 90 rendered the contract void or severable.
  3. 3 Whether the appellant validly cancelled the contract due to alleged breach or repudiation.

Ratio Decidendi

The court held that the guarantees provided by the purchaser were delivered to the transfer attorney within the stipulated period and that such delivery constituted compliance with the deed of sale. The contract was not severable regarding erf 90 due to the globular purchase price, but the inability to transfer erf 90 did not render the contract void. The appellant was not entitled to cancel the contract without giving proper notice to remedy any alleged defects in the guarantees, as the respondent had not repudiated the agreement. The respondent ultimately tendered payment of the full purchase price, resolving any outstanding issues. The court ordered that fresh guarantees for...

Court Disposition

Appeal dismissed; order of court a quo set aside and substituted; appellant to pay costs.

Orders

  • The order of the court a quo is set aside and substituted.
  • The first respondent shall on or before 20 February 2008 deliver to the applicant a fresh guarantee for the payment of R650,000.00 against the transfer of erven 85, 86, 87, 88 and 89 in Kaapsche Hoop.