BY MEISE NKAISENG ATTORNEYS – VANDERBIJLPARK AND THREE RIVERS, GAUTENG | August 18, 2021

Blog By
Awie Van Wyk
Director at MNI Attorneys
Specialising In Conveyancing And Property Law

awie-van-wyk

Agreements to sell fixed property must comply with certain prescribed formalities, failing which an Agreement may be invalid.

Section 2 of the Alienation of Land Act 68 of 1981 provides that an Agreement of Sale for a fixed property must be in writing and must be signed by both the Seller and the Purchaser or their agent, duly authorised by a written Power of Attorney, failing which the Agreement will be invalid.

The Agreement of Sale must contain, at the very least, details of :
• the parties (Seller and Purchaser);
• a description of the property;
• and state the purchase price;
• such further terms which are material to the specific transaction.

Given the requirements for a valid Agreement of Sale, the complexities associated with property transactions, and the relative high value of property transactions, it is prudent to make use of the services of a Conveyancer to ensure that the Agreement complies with all formalities and addresses the unique requirements of each specific transaction.

Meise Nkaiseng Attorneys was awarded the PMR Africa Diamond Arrow Award for ”best law firm” (Business Sector) in the Sedibeng Region for three years in a row (2018, 2019 and 2020).