Patrinos (N.O) v Theresa (883/2021)  ZAFSHC 226 (17 September 2021)
In property sale transactions that do not follow the usual pattern – facilitated by an estate agent with funding obtained from a bank – it is important for sellers and buyers to pay very special attention to details. In this matter, the parties included a suspensive condition rendering the sale subject to the purchaser “obtaining funds” from a deceased estate. The inheritance was subsequently paid over, but not before the purchaser grew cold feet and sought to escape liability. She argued that the agreement lapsed for lack of “obtaining funds” by a certain date, as the funds were not paid over at the relevant date. The seller argued there was fulfillment as the funds were “available”, and the condition met.