What is a Suspensive condition?

Kruger Attorneys & Conveyancers Inc
Kruger Attorneys & Conveyancers Inc is a specialised conveyancing practice, providing incomparable property law services through practical wisdom and trusted advice.

A suspensive condition is a condition that renders an agreement suspensive until such time that the condition which is stipulated is met or fully complied with.

The wording of the condition is crucial. The agreement must be worded that the condition must first be fulfilled or met and until such a time the agreement will not be fully binding and enforceable between the parties. To avoid any confusion, suspensive conditions must be clear and stipulate exactly what must be done and by when.

The most common suspensive conditions and their wording:

  • This entire agreement is subject to the Purchaser obtaining a loan of Rx within 30 days of signature of this agreement. In the event that the purchaser does not obtain the required loan the agreement will not be binding and will lapse.
  • This agreement is subject to Purchaser selling his/her property known as [address] within a period of [no] days and all suspensive conditions therein being met within [no] days from date of such sale.
  • This agreement is subject to the Seller providing a copy of the approved building plans on or before [date].
Legal Property News
Sectional Title trustees cannot award themselves contracts
22 Sep 2022
Any owner in a Sectional Title scheme who is in good standing can become a trustee, and they can even nominate and vote for themselves should they wish.
read more
Understanding conditional clause when buying (or selling) a property
14 Sep 2022
As if property transactions weren’t already convoluted enough with reams of documentation and legalese to navigate, there are also often suspensive conditions included in the Offer to Purchase that needs to be met by one or both parties, and these need to be gone over with a fine tooth comb.
read more
How to safely cancel a residential lease agreement
05 Sep 2022
It is not always possible to see out the full term of your lease agreement and there may come a time when you need to cancel it for whatever reason. Not following the correct procedure can be costly though, says Tiaan Pretorius, manager for Seeff Centurion.
read more
A New bill will put government in charge of the deeds office
30 Aug 2022
The Deed Registries Amendment Bill seeks to put the minister of agriculture and land reform in direct charge of technical decisions around the Deeds Office.
read more
Real Estate Tools
Property Law
Contact our partner attorneys with your conveyancing and property law questions
Get pre-qualified
Make offers with confidence knowing what you can afford. Then shop for the best home loan
Bond Calculator
Calculate the estimated repayments on a home loan and savings with extra payments