AVDM Attorneys

07/10/2026

28/09/2026

When a Disagreement About a Contract Does Not Mean There Was No Contract

Introduction

The judgment in Christopher Howe Cole v Talacar Holding (Pty) Ltd provides an important reminder that a later disagreement between contracting parties does not necessarily mean that there was no consensus when the contract was concluded.
The dispute arose from the purchase of a property in Sandhurst, Johannesburg, for R135 million. The purchaser, Christopher Cole, signed an offer to purchase which contained clause 20.2. The clause permitted him to cancel the agreement if an inspection revealed structural defects or other defects that were unacceptable to him.

After the offer was accepted, Cole purported to cancel the agreement. His attorney argued that the purchaser had a discretion to cancel where he regarded a defect as unacceptable.

The seller disagreed and maintained that the discretion did not amount to an unrestricted right to walk away from the transaction.

The argument about consensus

Cole argued that there had never been genuine consensus between the parties regarding the second part of clause 20.2. He relied particularly on correspondence exchanged after the cancellation, in which the seller's representative expressed the view that the discretion related only to structural defects.

The court rejected this argument.
Winde ll J emphasised the objective approach to contractual formation. The question is not what a party privately thought, but what the parties objectively manifested when the agreement was concluded.

Importantly, the disputed emails were exchanged after the contract had already been concluded and after the cancellation had been attempted. They therefore demonstrated a disagreement about the interpretation of the clause, rather than proving that the parties had never agreed to the clause in the first place.

The significance of the decision
The judgment illustrates the importance of distinguishing between lack of consensus and disagreement about interpretation.
Two parties may sign a contract and later disagree profoundly about what a particular clause means. That disagreement does not automatically render the contract void.

The court's approach also reflects the commercial importance of certainty in contractual relationships. If every subsequent disagreement about contractual wording could be used to argue that there was never consensus, the enforceability of written agreements would be seriously undermined.

The lesson is straightforward: a party cannot ordinarily transform a later dispute about interpretation into an argument that the contract never existed.

Article written by Attorney Annetjie Pienewald at AVDM Attorneys.

If you have a dispute about a contract any of our Attorneys can you help contact us today!!!!!!!!!
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18/09/2026

In Memory and Solidarity 🖤

Today, we wear black in remembrance of the women whose lives were tragically lost in Kempton Park, but not only for them. We stand in solidarity with all those in this beautiful country who suffer at the hands of violence and crime.

Our hearts are deeply saddened by their deaths, and we extend our sincere condolences to their families, loved ones and all those affected by this devastating loss.

As a law firm, we stand in solidarity with those who mourn and affirm the importance of justice, accountability and the protection of every person’s right to live free from violence.

We remember the lives lost. We stand with their families. We believe in justice and due process.

16/09/2026

After marriage is about, but also comes with important financial decisions. Make sure you understand your marraige property options before your big day.

Contact us before you say "I do" and make informed decisions about you future.

010 597 7720

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13/09/2026

"Coparenting rule no.1: It's not about who is right, it's about what is right for the child. Keep the communication open, keep the arguing offline, and keep showing up. Our kids are watching. Let's do better for them. 💪🏽👨‍👩‍👧

Contact us on 010 597 7720

26/08/2026

"Deceased Estate without the head ache.
I knew Alice from previous service used. But the way she handled my late father's estate just gave me more admiration for her kind heart and passion. Literally holding my hand as executrix of the estate all the way guiding me step by step... even letting my break a few times. Definitely my go-to attorney for future. Dankie Alice, ek waardeer jou. May God shower you with blessings."

You kind words ☝️means so much for our team. We are always ready to help and provide professional guidance when you need it most.

A heartfelt ♥️ *thanks you to our valued clients* for trusting us with your legal matters.

18/08/2026

MOTOR VEHICLE FINANCE – AN IMPORTANT LESSON FOR CONSUMERS & DEALERS



A recent Western Cape High Court judgment, Lubbe v Sugarberry Trading 697 CC t/a Autoworld and Another [2026] ZAWCHC 367 (22 July 2026), is an important reminder to anyone buying or selling a motor vehicle.

The consumer purchased a 2012 BMW 320i M Sport which soon developed serious mechanical problems, including persistent overheating. Despite repeated repairs, including an engine replacement, the problems continued.

The consumer sought to return the vehicle and obtain a refund.

The Court confirmed an important principle under section 56 of the Consumer Protection Act (CPA): where the statutory requirements are met, a consumer may have the right to return defective goods and elect a refund, replacement or repair. A dealer does not have an automatic right to insist on repeatedly repairing the vehicle.

The fact that the vehicle was purchased through a finance agreement does not, by itself, remove the consumer's rights under the CPA.

The Court ordered the vehicle to be returned and a refund of R212,136, with the refund first being applied towards settling the outstanding finance.

The lesson for consumers:
Read your finance and sale agreements carefully, keep all documents, report defects in writing, and keep records of every repair and communication with the dealer.

The lesson for dealers:
Ensure that your sales agreements, warranties and complaint procedures comply with the CPA and other applicable legislation. Do not assume that a consumer must simply accept repeated repairs when the law gives the consumer another remedy.

In short: Know your rights before you sign — and know your legal obligations before you sell. Contact us today 010 597 7720



Articel written by Annetjie Pienewald – Attorney at AVDM Attorneys

07/06/2026

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