Buying or selling a property is one of the most important and stressful transactions a person can enter into. Due to the nature of the agreement, it is of the utmost importance that the offer to purchase is completed correctly to ensure a legally valid agreement. Due to its importance, it’s often assumed that the presence of two competent witnesses during the signing is required.
However, Section 2 of the Alienation of Land Act specifies that a sale of land is only valid if it is signed by both the seller and the purchaser—or their authorised agents. There is no legal requirement for witnesses to sign the offer to purchase.
That said, witnesses still play a valuable role. Their presence helps confirm the identities of the parties involved and reinforces their intent to be bound by the agreement. Witnesses also provide added assurance of the document’s authenticity and can help prevent or resolve disputes if a party later denies signing.
While it is common practice to have one or two witnesses, their signatures are not legally necessary to make the agreement valid. A lack of witness signatures does not invalidate the offer to purchase. Still, having witnesses can be a practical safeguard for future verification.