- The Court declared that an expired offer to purchase could be accepted. With regards to a Sedgefield sale, the seller signed to accept the offer to purchase, 4 days after it had already expired.
The seller then refused to give transfer. The buyer sued the seller, claiming that there was a valid purchase, despite the late acceptance.
- The court held that the buyer had a choice to ignore the expiry of time limits and could choose to trigger the sale, even though it was accepted by the seller, 4 days too late.
- The court held that the expired clause constituted a stipulation for the exclusive benefit of the buyer, which benefit, she could elect to waive and abandon. So therefore the buyer was legally entitled to compel the late acceptance of the offer by the Seller and was entitled to bind the seller into proceeding to give transfer, despite the late acceptance.
Denoon Sampson is the Director at Denoon Sampson Ndlovu Inc, currently ranked the ‘number 1’ top performing conveyancer by First National Bank Limited. He has 30 years of experience as a conveyancer, specialising in the full spectrum of property-related law and is often called upon to give talks or contribute content on related matters.