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Beware the verbal sale of land!
by LawDotNews
Published 2009/02/02 12:00:00 AM (Viewed 661 times)

Sales of land are only valid when written, and signed by both parties (or their agents under written authority). 

Strangely enough however, it is still possible in a practical sense for land to be sold via a verbal contract – if, that is, the land is held by a company, close corporation or trust.  In that event, the sale is effectively a sale of the shares or member’s interest, or an agreement to change the beneficiaries of a trust.


 

And therein lies the danger, because verbal agreements are fraught with risk –difficult to prove, hard to interpret, and generally a recipe for long and expensive litigation in the event of any disagreement.  Moreover, the sale of an interest in an entity has implications - legal, commercial and tax - very different to the sale of land held by a natural person.

So before buying or selling land held in any type of entity: -

1. Make it clear that there is no deal without a signed, written agreement, and

2. Be aware that (as happened in a recent case before the Supreme Court of Appeal) mere conduct may result in your being bound by an agreement that you haven’t signed.  So don’t act as though you have agreed to something if you haven’t, and

3. Sign nothing before having the agreement fully checked.




 
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