More often than not a deed of sale lapses due to the suspensive condition not being met.
The question requiring an answer is whether or not one can enter into an addendum to “revive” the deed of sale that has lapsed. The answer is categorically No!
However, one can enter into a new agreement (contract) on the same terms and conditions as the lapsed contract, providing for new/amended suspensive conditions, thereby reinstating the terms of the lapsed contract, subject to new conditions.
The above was confirmed in the case of Compu-Cool Consulting v Silver Dawn Investments 168 CC and Others (unreported).
Cognizance must be taken that this will be a new contract with a new date of sale.
Case is attached for ease of reference.
Should you require more information, please do not hesitate to contact us.
Allen West
TONKIN CLACEY PRETORIA
012 346 1278
