The law of purchase and sale

Abstract

Compliance with section 2(1) of the Alienation of Land Act 68 of 1981 was an issue before the court in Fraser &38; another v Viljoen 2008 (4) SA 106 (SCA). The relevant deed of alienation was an uncompleted standard printed form offer, sent by post to the seller. On returning the signed and dated document to the purchasers, their names and signatures, and the description of the property had been left blank. After receipt, the purchasers filled in their names and the property description, signed the offer, but failed to record the date of their signatures. The seller then refused to effect transfer, which forced the purchasers to seek a declaratory order as to the validity of the deed of alienation.