Michael Bauer, managing director of the real estate company SAProperty.com, said that if a suspensive condition is mentioned, it must be concluded before the agreement between the parties is applicable. “Given that such a condition can have significant consequences, it is essential that the intentions of the parties be clearly and precisely set out in the bid.” If an offer to purchase has been signed by both the buyer and the seller, it is accepted that they both go seriously with the transaction and the only thing that would prevent that is that one of the suspensive conditions listed in the contract is not met. Apart from that, there are some additional complications that may occur, such as. B a loan granted at an unfavourable interest rate or if it is not granted for the total amount set out in the agreement. It may also read: “This offer to purchase is suspensive for the successful completion of the sale of the buyer`s property on Suzanne Avenue, Hout Bay, within 60 days of the seller`s acceptance of this offer.” When a sale object is subject to a suspensive condition, it will shut down if that condition is not met in time. This was confirmed in the case of Marais/Kovacs Investments 724 (Pty) Ltd  1 All SA 174 (C) (hereafter referred to as the “Marais case”). There is then no contract to sell the property between the two parties and the seller can sell the property to another buyer. In case of doubt or suspensive illness, this is an unusual case such as an expert`s report on property, you mandate the services of a mediation lawyer. The wording must be correct the first time, because ambiguity can create big problems for all concerned, Bauer says. The Court upheld the principle that a mortgage debt clause in a sales contract benefits the purchaser exclusively. If a suspensive condition is not met in time, but takes the necessary precautions in advance to avoid a dilapidated sale deposit. We advise you to speak to a professional about this.
As noted above, in addition to the requirements for legally binding common law contracts, all the suspensive conditions contained in the treaty must first be met.