Sellers husband wants to stop sale of stand (site)

[SSS100]

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

[desA]

Willing buyer = ?Willing seller?

[SSS100]

What about dealing on good faith? Why did she advertise stand and also accept offer?

[adrianh]

Maybe her husband didn't agree with her fromt the start and maybe they changed their minds.

[SSS100]

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

[Justloadit]

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.

[sterne.law@gmail.com]

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.)

[SSS100]

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

[adrianh]

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\\?

[sterne.law@gmail.com]

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.

[sterne.law@gmail.com]

Contracts also require agreement on ALL material terms. The telephonic contract has agreement on the what, the land, and the price. There are other material terms not yet agreed to, such as transfer, dates, passing ofnrisk, cooling off, suspense etc, etc.
There's probably a good lesson for the estate agent in this saga.

[wynn]

When it comes to property sales, if it aint in writing and aint signed by both parties it aint worth the paper it aint written on

[HR Solutions]

Exactly as wynn said.
I might agree over the telephone with someone, but after talking to my wife I change my mind. There is nothing in writing until an offer to purchase has been signed by both parties.


PS .... just as a matter of interest - if he comes back to you and says sure, but you must pay ALL costs including transfer, COC etc etc - would you still argue the matter ?