Just Names Properties 11 CC and Another v Fourie and Others (324/06) [2007] ZASCA 126; [2007] SCA 126 (RSA); [2008] 2 All SA 487 (SCA); 2008 (1) SA 343 (SCA) (28 September 2007)
Court
Supreme Court of Appeal
Case number
324/06
Judges
Brand, Heher, Mhlantla
The Supreme Court of Appeal held that the agreement for the sale of immovable property did not comply with section 2(1) of the Alienation of Land Act 68 of 1981 because the sellers signed two blank pages, which were subsequently completed. The Act requires that the deed of alienation be signed by the parties in its completed form, signifying their assent to the terms as written. The argument that the amendment constituted a counter-offer was rejected, as the evidence showed that the purchaser remained the offeror and the sellers did not make a written counter-offer. The invalidity of the agre…