Unsigned Offer to Purchase won't stop an eviction
If you think an unsigned Offer to Purchase or dropping half a million Rand on renovations gives you a legal right to occupy a property, this case proves otherwise. The Western Cape High Court handed down a judgment on 28 Aug 2026 (Peterson v Nasson NO) that serves as a cautionary tale for anyone thinking an unsigned offer to purchase gives them the right to occupy a property.
After a property owner passed away, his widow stood to inherit the estate. An Executrix was officially appointed by the Master of the High Court to manage the joint estate. However, a group of occupiers living on the property refused to leave, prompting the Executrix to secure an eviction order in the Wynberg Magistrate's Court. The occupiers appealed to the High Court, throwing several legal defences at the wall to see what would stick.
The Failed Defences
- One occupier claimed she bought the property from the widow. She produced a standard Offer to Purchase - but it was completely unsigned by both parties. The court reiterated that under the Alienation of Land Act, an unsigned property sale is entirely void. Furthermore, an heir or widow cannot legally sell estate property without the appointed Executrix's authority.
- The occupiers argued the deceased had previously given them permission to stay. The court ruled that this is a personal right that instantly terminates upon the death of the person who granted it. Because the Executrix never renewed this permission, their continued occupation was unlawful.
- An occupier tried to assert an enrichment lien, claiming she spent R500,000 on improvements because she genuinely believed she had bought the property. To use a lien against an eviction, you must be a bona fide possessor. The court rejected her claim outright - you cannot reasonably believe you own a house when you haven't signed a contract, let alone paid a purchase price.
- The occupiers claimed the eviction would leave them homeless. However, the City of Cape Town had formally offered them emergency accommodation, which the main occupier flatly refused. The court found the eviction perfectly just and equitable.
A verbal or unsigned property sale is legally non-existent in South Africa. Never spend a single cent on renovating a property until the transfer is officially registered in your name at the Deeds Office. Lastly, if you are negotiating to buy or rent a property belonging to a deceased estate, you must deal directly with the officially appointed Executor - making deals with the surviving family members will not hold up in court (also be aware of eviction difficulties when purchasing a property from a deceased estate).
