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ANOTHER HIGH COURT CASE SHOWS THE IMPORTANCE OF HAVING PROPERTY AGREEMENTS IN WRITING
Although verbal agreements can be – and often are – binding in SA law, where property is concerned every agreement and condition has to be in writing (or in 21st Century terminology, in print with signatures).
Anton du Plessis, CEO of Vineyard Estates, said that he has in his 24 years in property seen several agreements fall apart for the simple reason that those who made them had not confirmed certain details and key aspects of the agreement in writing.
“In most cases,” said du Plessis, “the consequences have not been too serious but in a recent High Court case they were nothing short of disastrous.”
In this case, said du Plessis, an elderly couple whose daughter had married a suitor sold their home to that suitor on condition that they would be allowed to live in it for the rest of their lives. This agreement was verbal and not put in writing.
Then, however, the daughter’s marriage failed, relations became strained and the son-in-law refused to honour the agreement and demanded rent or departure.
The judge, while expressing sympathy with the parents-in-law, indicated that he had no power other than to abide by the sale agreement which made no mention of the old couple’s right to live in the home. The judge said, too, that such ancillary agreements had to be registered against the property’s title deeds to be enforceable. Had that been done the agreement would have stood up “against all the world, including any later owners of the property”.