Annetjie Coetsee is a practising Attorney, Notary Public and Conveyancer, operating from both the Cape Town and Helderberg branches of STBB. Her responsibilities include: Director of STBB, branch head of Somerset West office, Executive member and head of the Development Law Unit. The specialized Development Law Unit has nine specialists addressing development requirements in the fields of planning law, environmental law, construction law, renewable energy law and, very importantly, local government law. She is a practicing Conveyancer (dealing with a conglomerate of property related matters such as sectional titles, developments, bonds, transfers and municipal work for local councils). Although she specialises in conveyancing she is a family law attorney, with a special interest in the constitutional law aspects regarding children’s rights. She is part of the marketing department and takes care of the brand development on a national level. Annetjie is further responsible for compliance and reporting initiatives. She is involved with substantial research activities relating to the property market and property investment and communicates interesting and relevant facts to her clients and the media, conducts Legal Updates for banks and estate agents. Her knowledge and insurmountable experience in the property market and connections with key roleplayers in the property industry makes her an invaluable ally to any property investor.

From the desk of Annetjie | Estate Agent a “Party” to the Sale?

Imagine Chris sells his house to Julie with the assistance of Damien, an estate agent. As is practice, all three sign the sale agreement. Chris and Julie thereafter enter into a written addendum regarding the date of occupation, without informing
Damien. Does this render the agreement void as all parties did not sign it?

No, whilst it is practice for estate agents to sign sale agreements they are generally not (legally) considered a party to the agreement between the seller and purchaser – except with regard to the commission clause. In this clause rights are usually bestowed on the agent and in this respect only, is he or she ‘a party’ to the agreement. Should the buyer and seller agree to amend a clause conferring a right on the agent, the agent must be involved and co-sign for it to be effective.

Should you require any further assistance, please do not hesitate to contact me.

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