Asked by the Customer on 25-03-2020 17:33:17
Question posted in the General Law category relating to Gauteng
I signed an offer to purchase a real estate property which the seller rejected and counter offered with a higher price and I did not accept. 2 days later the seller signed my initial offer to which i notified them that i do not wish to proceed. Now they are suing me for breach of OTP contract.
Message from the Attorney
Posted by Att. Patrick on 26-03-2020 15:15:43
Hi there,
I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment.
No, the seller can't do that.
The law is quite clear on this - if the seller makes a counter offer, that counter offer amounts to a rejection of your original offer.
It is then NOT open to the seller to "default back" to your original offer and say, "okay, okay, I'll accept your offer".
It's too late!
Att. Patrick
Please remember this is a dialog if you have follow-up questions please make the required payment, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make payments for their questions.
If you would like to view the entire answer, you will need to either login or register a FREE account.
DISCLAIMER: Advice or answers from Lawyers on South African Legal Advice are not substitutes for the proper advice of an Lawyer. South African Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not South African Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.