CONTRACT+OF+SALE+++++ACCEPTANCE.docx - Cooper v Clark(2015\/31475[2016 ZAGPJHC 79(29 April 2016 The question is whether the respondent accepted as

CONTRACT+OF+SALE+++++ACCEPTANCE.docx - Cooper v...

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Cooper v Clark (2015/31475) [2016] ZAGPJHC 79 (29 April 2016) The question is whether the respondent accepted, as required by law, an offer to purchase made by the applicant, which resulted in the conclusion of a contract? [1]. On or about the 5 th June 2015 the applicant made to the respondent a written offer to purchase [Erf 1…….] [M…….] Township (‘the property’) for the purchase price of R6,300,000.00. The offer provided that same is irrevocable until midnight on the 10 th June 2015. Under the heading ‘Terms and / or Conditions’, clause 14 of the written offer provided as follows: ‘Building inspector to inspect the property at the purchaser’s costs within 14 days of the offer being accepted. The defects checklist signed by the seller forms part of this agreement and the purchaser has received a copy of this document’. [2]. On the 10 th June 2015 the respondent purported to accept the offer by the signing of same as the seller. However, at the same time that she signed the acceptance she effected certain amendments to the written offer sent to her. Firstly, the respondent deleted a portion of a clause, which provided thus:- ‘If the suspensive conditions referred to in Paragraph 6 and, if applicable Paragraph 14, are not fulfilled and subject to the purchaser not being in breach, Adrienne Hersch Properties CC shall refund to the Purchaser the deposit from which a fee will be recovered for the administration of the Trust Account’.
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[3]. Secondly, to clause 14, which is the clause with the heading ‘Terms and / or Conditions’ the following provision was added ‘This is not a suspensive condition and the acceptance of the offer will result in a binding agreement of sale’. [4]. On or about the 12 th of June 2015 the applicant paid the deposit of R630,000.00, and thereafter she received a copy of the offer to purchase as signed and amended by the respondent. Shortly after receipt of the signed and amended
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