BER 210 Ch 10 : Duties of a buyer

PAYMENT OF PURCHASE PRICE

 Method of Payment
• Most important duty of the buyer = pay purchase price
• Payment must be in legal tender (not cheque – seller can refuse )
• Buyers rep can pay on their behalf , seller or rep must receive payment
• Buyer can,t refuse to pay full pp if he has taken delivery of the thing sold
 Date of Payment
• Movables:
a) Cash sales payment and delivery must be effected at same time or on same day
b) Credit sale payment is effected on some future date after thing sold has already be delivered
• Immovables – payment takes place through delivery of payment guarantees – paid out on the date of
registration of the name of the buyer
• To effect payment, the sale of immovables are subject to suspensive conditions – granting of mortage bond
• Ownership is passed regardless of payment of pp buyer becomes owner on the date of registration in their
name
 RECEIPT OF THING SOLD
• Buyer must receive thing sold on the date (or reasonable time) and at the place
agreed on
• Where buyer fails to do so , buyer is guilty of breach – mora creditoris

MISCELLANEOUS DUTIES
• Buyer has duties in sale contract :
a) Immovable property is sold – buyer must pay transfer costs and transfer
duties, BUT seller must pay VAT
b) Immovable property is sold – buyer has to pay occupational rent to the
seller where buyer had already enjoyed occupation of property before
registration in their name
c) Buyer has to deliver all benefits (eg: rent) which accrued to the thing sold
before the contract became perfecta to the seller , unless otherwise agreed