Mc Naught & Co
Making Sales Valid
In a recent High Court judgement the Court re-affirmed that alterations to sales agreements need to be agreed by all parties for the agreement to be valid.
Where an offer made by a buyer is accepted by the seller subject to certain alterations to the terms being made, if the buyer in turn does not accept these alterations, there simply is no sale. In the case before Court the buyer had paid his deposit before noticing the alterations and then demanded his deposit back which the seller refused. The Court confirmed that the alterations had never been brought to the buyer’s attention nor accepted and as there was therefore no sale, a full refund of the deposit to the buyer was due.
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Communication is Key to Success
The single biggest problem in communication is the illusion that it has taken place. This has been a discovery in many trial matters run throughout South Africa, whereby it seems some matters heard before the court in civil proceedings could have easily been resolved at an earlier stage and should never have reached trial stage.
Lost your Title Deed? Don’t delay!
Your property has been sold and you eager to sign the Transfer documents, it is 2020 the year of plenty and all of a sudden it dawns on you that you cannot remember where you have left your Title Deeds. Through diligent search they cannot be located, what do you do now?
Division of Assets in Divorce
Who gets what? is the question that we get asked most when sitting down with clients to negotiate and finalise divorce settlement agreements. Whilst an uncontested divorce where the parties are able to agree on the proprietary consequences (division of assets) gives room to cater to what best suits each couple in their circumstances, the law determines the basic rights and entitlement of each party as regards assets and liabilities in the case of divorce should no settlement be reached.