Real Estate Investor April 2021 April 2021 | Page 26

LEGAL

What to look for in a Deed of Sale

SIMON DIPPENAAR
You may have bought and sold properties several times over , or this may be your first purchase . But , do you know exactly what the Deed of Sale contains , and what the clauses mean ? Don ’ t let unfamiliar terms catch you out .

Property law in South Africa is framed by the Alienation of Land Act , Act 68 of 1981 , as amended (“ the Act ”). Clause 2 ( 1 ) of the Act states that no sale of immovable property is valid and effective unless contained in a Deed of Alienation ( what we commonly refer to as an “ Offer to Purchase ”, and when finalised , a “ Deed of Sale ”).

24 APRIL 2021 SA Real Estate Investor Magazine