McGrane v Cape Royale The Residence (Pty) Ltd (831/2020)  ZASCA 139 (6 October 2021)
We all know that when a dispute between a seller and buyer arises in the context of the sale of property, the party seeking to escape the contract will very painstakingly comb through the transaction to find a way out. This is a case in point. The sale agreement had provisions to the effect that, were the purchaser to require bond financing, approval had to be submitted by a certain date. The purchaser had intended to pay cash and did subsequently pay the full amount to the conveyancers. Nonetheless, and due to a dispute between the parties, the purchaser told its attorneys not to pass transfer. The Court came to the assistance of the buyer.