Consent in a Deed of Sale refers to the voluntary and informed agreement of both the seller and the buyer to enter into the contract and transfer ownership of the property.
It means that each party clearly understands the terms of the sale such as the property being sold, the purchase price, and the conditions of payment and agrees to them freely, without force, fraud, intimidation, or mistake.
In a Deed of Sale, consent is shown when:
The seller agrees to transfer ownership of the property, and The buyer agrees to pay the stated price and accept the property.
Consent must be:
Free – not obtained through threats, pressure, or coercion
Informed – both parties know what they are agreeing to
Mutual – both seller and buyer agree to the same terms
Legal – given by persons with legal capacity (of legal age and sound mind)
If consent is defective (for example, obtained through fraud, misrepresentation, or intimidation), the Deed of Sale may be voidable or invalid under the law.
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