Making Sales Valid

June 2016

  |  
Maclaw

In a recent High Court judgment the Court re-affirmed that alterations to sales agreements need to be agreed by all parties for the agreement to be valid.

Where an offer made by a buyer is accepted by the seller subject to certain alterations to the terms being made, if the buyer in turn does not accept these alterations, there simply is no sale. In the case before Court the buyer had paid his deposit before noticing the alterations and then demanded his deposit back which the seller refused. The Court confirmed that the alterations had never been brought to the buyer’s attention nor accepted and as there was therefore no sale, a full refund of the deposit to the buyer was due.

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