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Thread: Sellers husband wants to stop sale of stand (site)

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    Sellers husband wants to stop sale of stand (site)

    I want to buy a site (empty) stand. The agent showed me the stand and I liked it. Agent then informed owner and my offered price, it was less that what the stand was advertised for. But seller accepted telephonically.

    Then, while I was waiting for the offer to purchase papers from agent that I had to sign, agent tells me the sellers husband has now told the seller not to go ahead with the deal.

    What is my legal right here? I want the deal to continue

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    Platinum Member desA's Avatar
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    Willing buyer = ?Willing seller?
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    What about dealing on good faith? Why did she advertise stand and also accept offer?

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    Diamond Member adrianh's Avatar
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    Maybe her husband didn't agree with her fromt the start and maybe they changed their minds.
    How easily someone is offended is directly proportional to how stupid they are.
    ~GS Elevator

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    What kind of madness is this? People can enter into agreements then simply change their mind and its all good?

    No wonder some believe land to be taken without compensation, willing buyer - willing seller crap doesn't work,
    Here's your examp here
    Last edited by SSS100; 08-Feb-14 at 08:29 AM. Reason: Spelling

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    Diamond Member Justloadit's Avatar
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    When it comes to immovable assets, there is a slight difference in the manner in which deals are concluded. Had the seller accepted a deposit upon acceptance of the offer, you would have a leg to stand on. So no deposit, no sale. Also, did the respective seller have a mandate to sell the property?

    A situation that occurred with an uncle of mine, and this was overseas, he was a heavy drinker, and one evening while inebriated, one of his mates convinced him to sell some property he had at some ridiculously low price, and actually gave him a deposit in his hand. Off course the next day he never remembered a thing, however his mate went legal and won the case, as there was witnesses that saw him accept the money. Whilst legally this is correct, in my opinion, the deal was purposely orchestrated during his drinking sessions to take advantage of his inebriated state.
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    Platinum Member sterne.law@gmail.com's Avatar
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    Some interesting issues.
    A contract concluded while drunk should not have been able to stand.
    If a couple are married in community of property, both parties need to agree to a sale.
    Alienation of land account requires, that a sale agreement be in writing. There is no such thing as a verbal agreement or contract for sale of property. (This act is interpreted strictly, for ex, if an I'd number is missing, that's enough to declare the contract void.)
    Anthony Sterne

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    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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    Yes, they both agreed to advertise and sell as per their contract with the estate agent
    And the wife deals with the matter as shes 'more enlightened' than the husband

    No deposit has been paid, i would have paid full on agreed date

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    Diamond Member adrianh's Avatar
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    What about signing contracts and an offer to purchase?

    Does the seller have formally have to accept (in writing) a written offer to purchase?
    What happens if a genuine seller receives two offers to purchase and has to choose between them\\?
    How easily someone is offended is directly proportional to how stupid they are.
    ~GS Elevator

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    Platinum Member sterne.law@gmail.com's Avatar
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    Sales of land/property are a very specific contract. A contract is concluded once both parties agree unless statute dictates otherwise. Alienation of land requires a written contract, with a number of specific terms that must be specified.
    If I have 2 offers, only when I accept, is the're an offer and acceptance. As seller I can choose.
    If I have set a price, say R7500 and you offer R6000, there is no contract, as there is no acceptance of my first offer. Therefore I can accept someone else's offer and thereby formulate a contract.
    In the original post, there is, by the sounds of it, a contractual agreement. But no sale has taken place because a sale of land contract is incomplete. There is therefore a breach of the original contract, it's the remedy that's a problem. Possibly agent estate agent is in a better position, on the presumption that they had a contract to conclude a sale, and did.
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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