A Bond Clause Deadline Whooshes by and a Sale Dies - Can You Revive It?

A Bond Clause Deadline Whooshes by and a Sale Dies - Can You Revive It?

A Bond Clause Deadline Whooshes by and a Sale Dies - Can You Revive It?KVV Inc Attorneys
Published on: 15/07/2025

Missed a contract deadline? Beware! If a suspensive condition (like a bond clause) expires, the contract dies. Extending it after the deadline is fatal; you'll need a new agreement. Always extend before expiry and use a professionally drawn contract.

Suspensive ConditionsContract DeadlinesProperty Sale AgreementBond ClauseContract Law
Waiving the Bond Clause to Keep a Sale Alive: Risk Versus Reward

Waiving the Bond Clause to Keep a Sale Alive: Risk Versus Reward

Waiving the Bond Clause to Keep a Sale Alive: Risk Versus RewardKVV Inc Attorneys
Published on: 04/03/2025

A buyer's offer to pay cash for a property after a bond clause deadline expired did not constitute a valid waiver of the clause, the Supreme Court of Appeal ruled. The sale agreement lapsed, entitling the buyer to a full refund of their deposit. The seller failed to prove the buyer's clear intent to waive their rights, as required by law and the agreement's terms.

KVVProperty LawConveyancing Bond ClauseProperty Sale AgreementSCADeposit RefundLapsed Sale AgreementWaiver of Bond Clause

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KVV Inc. Attorneys: Celebrating 10 Years of Excellence in Property Law and Conveyancing.

Fostering Partnerships,

Driving Results.

© KVV Inc. Attorneys 2026.

All Rights Reserved. Privacy Policy | POPIA