Cape Coastal Homes Logo
You are here: Cape Coastal Homes / Latest News / A Useful Tip When To Ing And Fro Ing To Negotiate A Deal

A useful tip when to-ing and fro-ing to negotiate a deal

SHOWING ARTICLE 584 OF 1096

A useful tip when to-ing and fro-ing to negotiate a deal

We all know that our law requires that there must be consensus regarding all material terms for a valid agreement to come into effect. 

But consider this: Jack makes a written offer to purchase John’s property. John accepts the offer, but at the time of signing, makes some alterations to the document in line with his sale requirements. Can it be said that there is a valid agreement in place? 

A similar set of facts presented in the judgment of Cooper v Clark, where the Court referred to two previous SCA judgments. The one concluded that where such change amounts to a material alteration of the contractual terms, it constitutes a counter offer and that until accepted, is unenforceable. The other emphasized that conditional acceptance of an offer does not constitute a contract, but rather a counter offer and would only become a binding contract on acceptance of the alterations. 

Clearly any material alteration to a document made by one party after the other has signed, must be accepted by the latter to be enforceable. Make sure that when negotiating a transaction, the written document reflects all the terms of the parties’ agreement and if there are amendments, that each party’s signature is obtained in respect thereof. 

For legal assistance in any transaction, contact STBB. 

Author STBB
Published 11 Dec 2017 / Views -
Disclaimer:  While every effort will be made to ensure that the information contained within the Cape Coastal Homes website is accurate and up to date, Cape Coastal Homes makes no warranty, representation or undertaking whether expressed or implied, nor do we assume any legal liability, whether direct or indirect, or responsibility for the accuracy, completeness, or usefulness of any information. Prospective purchasers and tenants should make their own enquiries to verify the information contained herein.