December 2019 | Property Sales and Trusts: Demand Proof of Trustee Authority

Selling property to a trust comes with a particular risk, and it’s one that – although easily avoidable – still seems to catch sellers unawares on a regular basis.

Not checking that the trustee/s signing the offer to purchase/deed of sale are fully authorised to do so could leave you with no sale at all. We illustrate the downsides of not checking for trustee authority by discussing a recent Supreme Court of Appeal judgment in which a seller’s R3m claim came to naught, because on…