Understanding an offer to purchase

   

A contract is essentially an offer (made by the purchaser) which has been accepted (by the seller). For an offer to purchase immovable property to be valid it must:

  • be in writing and be signed by the purchaser or his duly authorised representative;
  • state the essential terms of the proposed agreement, and all other material terms, i.e. those terms which can '˜make or break the deal;
  • be brought to the attention of the seller.
An offer, however, is not valid indefinitely. It will lapse in any of the following circumstances:
  • if it states a specific expiry date and the seller has not accepted if by that date;
  • if the purchaser exercises his rights under the '˜cooling-off clause;
  • if the seller rejects it out of hand or makes a counter-offer;
  • if either the purchaser or the seller dies before the offer has been accepted.
There are various legal formalities which must be observed for the acceptance of an offer to purchase a property to be valid. For the sellers acceptance to be legally binding, it must:
  • be in writing and be signed by the seller or his authorised representative;
  • be unambiguous, and be intended to be binding on the seller;
  • be brought to the attention of the purchaser.
Please note: We have compiled this information in good faith, but we accept no liability for any errors, or for any use that is made of it, or for any problems or damage that may arise as a result of using or acting upon this information.
For more information, email marketing@rawsonproperties.com or visit www.rawson.co.za for the latest market tips and industry news.

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