Appointment of the Conveyancer in a Sale Agreement | 03 May 2016

Posted on: May 3rd, 2016 by Nikhail Munsamy

Why is the seller generally the party that is afforded the opportunity to appoint the conveyancing attorneys when the purchaser is settling the account?

This is because the seller is far more at risk than the purchaser. In the 1903 case of James v Liquidators of the Amsterdam Township Company, the court declared that “when a person is under a legal obligation to do something to complete a contract, and the circumstances necessitates the appointment of an agent to do it, then that person has the right to appoint his own agent. Both by common law and by statue the seller is bound to pass transfer ..”, and hence the seller has the choice of transferring attorney, although this is negotiable.

For more information, contact us at STBB.

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