Monday, June 24, 2013

WRITTEN TRUSTEE RESOLUTION MUST BE IN PLACE

WRITTEN TRUSTEE RESOLUTION MUST BE IN PLACE BEFORE SIGNING SALE AGREEMENT, OTHERWISE AGREEMENT IS VOID

Jansen NO and Others v Ringwood Investments 87 CC (59771/2009) [2013] ZAGPPHC 129
(20 May 2013)

This is one of many judgments confirming the requirement that where one of the parties to a sale agreement of land is a trust, the agreement must be signed by all the trustees or by one trustee acting on written authority of the other trustees. The written resolution must be in place at the time of signing the agreement, and ratification is not possible (unlike, for example, the position with a company). Where the resolution is absent, the agreement is void.

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The Judgment
Summary of the Judgment

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