Just Names Properties 11 CC and Another v Fourie and Others (04/28922)
Just Names Properties 11 CC and Another v Fourie and Others (04/28922) [2006] ZAGPHC 109; 2007 (3) SA 1 (W) (17 May 2006)
The court found that the defendants signed two blank pages which were later completed by the estate agent, resulting in a document that did not contain all essential terms at the time of signature. This conduct failed to comply with section 2(1) of the Alienation of Land Act, which requires that all material terms be in writing and signed by the parties. The court rejected the plaintiffs' argument that subsequent completion or alteration before acceptance could cure the defect, distinguishing the facts from Menelaou v Gerber and Others. The court accepted the defendants' version as credible a…
Source excerpt
- Alienation Of Land Act
- Formalities Of Contract
- Invalidity Of Sale
- Estate Agent Liability
- Misrepresentation
- Contractual Certainty