When you agree on a sale, ensure that your agreement is both clear and comprehensive – or risk the pitfalls of litigation.
A case recently before the High Court (on appeal from a District Magistrates Court) involved the sale of a furnished apartment, which the buyer intended to let out as holiday accommodation. A clause in the sale agreement provided that all furniture and crockery in the apartment was included in the sale at a cost of R80,000, but no inventory of the movables was attached to the agreement.
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Subsequently the seller prepared an inventory, which the buyer signed under the impression that it listed the entire contents of the apartment at date of sale. It didn’t – and the seller was found to have removed several items of furniture subsequent to the sale.
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