29/07/2024
In the recent judgment of Mashazi v Mukuma in the High Court of South-Africa, Johannesburg, the Court held that where the same property has been sold twice by the Seller and the property had already been transferred to the subsequent Purchaser, the first Purchaser's remedy was to claim damages from the Seller. It was held further that a Court would not order that the property be transferred to the First Purchaser, unless there is proof that the subsequent Purchaser was aware of the first sale.
Make sure when you enter into an agreement of sale that the property is transferred to your name and registered in the relevant Deeds Office. Sometimes a Seller will hand you their title deed as "security", but this does not mean that the property has been transferred to you. A property will only be transferred to you once the transfer is registered in the Deeds Office.
