AMENDMENTS TO OFFER TO PURCHASE

TO ALL EXTENDED BUSINESS PARTNERS

Number

11/2016
In the recent judgement of Cooper v Clark (Case No 2015/31475) dated 29 April 2016 (attached hereto for ease of reference) it was once again reiterated that any amendments effected to an offer to purchase invalidates the offer and same is null and void.
 
The court held that the alteration to the offer by the applicant, materially altered the intended contractual terms which amounts to a counter offer which requires it to be accepted to become binding.
 
Although it is trite law that in the case of a written contract, the party alleging same must prove that the other contracting party had agreed to the written contract in its final form, it is imperative that this once again be brought to the attention of all and sundry (see also Da Silva v Janowski, 1982(3) SA 205(A).
 
For any queries please contact our property law division at the details below:

Allen Stanley West
Tel: 012 425 3549
awest@macrobert.co.za

Daleen Loubser
Tel: 012 425 3489
dloubser@macrobert.co.za

Disclaimer: This newsflash is for general information only and should not be used as legal or professional advice. No liability can be accepted for any errors or omissions, nor for any loss or damage arising from reliance and any information therein