Abraham v Arkle and Others (2019/3591)
Abraham v Arkle and Others (2019/3591) [2021] ZAGPJHC 549 (18 October 2021)
The court found that the sale agreement required the applicant to pay the purchase price into the trust account of the conveyancer nominated by the respondents. The applicant complied with this obligation by making payment as stipulated. The respondents' argument that guarantees were required was not supported by the wording of the agreement, which had been amended to require payment of the purchase price by a specific date. The conveyancer was authorised by the sellers to accept payment and effect transfer, making him their agent for receipt of the purchase price. The fact that the conveyanc…
Source excerpt
- Specific Performance
- Sale Of Immovable Property
- Conveyancing
- Payment To Trust Account
- Interpretation Of Contracts