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Posts Tagged 'suspensive conditions'

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Suspensive Conditions in a Property Sale

Unlike other clauses that govern timelines or responsibilities, a suspensive condition operates as a legal switch. Once the condition is fulfilled — such as securing a bond or providing proof of approved building plans — the agreement "switches on" and becomes binding. If it isn’t fulfilled within the specified timeframe, the contract falls away automatically, with neither party liable for breach.

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Suspensive Conditions in Property Sales – What are They & Why do They Matter?

A suspensive condition suspends the effect of a sale agreement until a specific event occurs — typically bond approval, the sale of another property, or municipal clearance. If the condition is not fulfilled by the agreed deadline, the agreement lapses without consequence. But that simplicity is deceptive.

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Enforcing Property Sale Contracts in South Africa

The moment a seller signs and accepts a written offer, a property sale agreement comes into legal existence. But while the contract is technically valid from that point, it isn’t always immediately enforceable. Most sale agreements include suspensive conditions—clauses that suspend the legal effect of the contract until certain events take place.

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