Does an offer and an acceptance not give rise to a contract?
Does an offer and an acceptance not give rise to a contract? We are renting a property which we later decided to purchase. We gave the seller an offer in writing which he accepted orally and by email adding that he would get his own lawyer to draw up an OFFER TO PURCHASE AGREEMENT. However, when the document arrived he had increased the agreed price. The question is whether SELLER may change the terms of agreement or is he bound by the law of contract?
Category: Property, Buying and Sellings
Region: South Africa, Mpumalanaga
1 Answer
When it comes to immoveable property a contract is governed by the Alienation of Land Act. The act stipulates that all such sales must be done in writing and signed by the contracting parties before it becomes valid. So in your case there was no contract. Besides it seems the seller simply made a counter offer. In conclusion you can’t make the seller revert to the original terms of the sale of land agreement, as there was no agreement ever concluded!