“The issue of whether a conveyancing attorney receives the money as the agent of the seller, or of the purchaser, or of both, or as trustee for both to await the event, is a somewhat vexed question … and each case must be considered in the light of its own facts and the particular contractual
Property Transfers and Trust Account Theft: A R720,000 Warning Read More »
“I am a marvellous housekeeper. Every time I leave a man, I keep his house” (seven-times-divorced actress Zsa Zsa Gabor) Historically 44% of South African marriages have ended in divorce, and there has reportedly been a 20% surge in new divorce applications since lockdown. For those unfortunate couples whose marriages do eventually fall apart, often
“Owning a home is a keystone of wealth… both financial affluence and emotional security” (Personal Finance Expert Suze Orman) When you buy or sell your “Home Sweet Home”, particularly for the first time, the process can seem complicated, the terminology confusing, and the risks of making a costly mistake intimidating. You are after all dealing
Buying and Selling Property: Nine Important Questions Read More »
“It is a fundamental principle that no man is allowed to take the law into his own hands” (Transvaal Supreme Court, 1906) Landlords can be sorely tempted to force defaulting tenants to settle their arrears (or to vacate the premises altogether) with a bit of instant “self-help” by cutting electricity or water supplies, or perhaps
Landlords: Can You Cut Electricity to Collect Arrears or Evict? Read More »
“Where a seller recklessly tells half-truths or knows the facts, but does not reveal them because he or she has not bothered to consider the significance, this may also amount to fraud” (extract from judgment below) Firstly, a note on the CPA What is said below does not pertain to those property sales where the very robust
Property sellers: just how far does your duty to disclose go? Read More »
“…a third party is expected to do more than rely upon a bold assurance by another party regarding his or her marital status” (quoted in judgment below) If you are taking advantage of our current low interest rates and reduced selling prices to buy a property, make sure that you establish the seller’s marital status
Buying a Property: Check the Seller’s Marital Status! Read More »
“Men keep agreements when it is to the advantage of neither to break them” (Solon, Athenian lawgiver c. 638 BC – 559 BC) Here’s the story of yet another High Court battle over a disputed property sale agreement. A fight over how to interpret the “bond clause” again highlighted how vital it is to clearly
Buying And Selling Property: The Bond Clause Blues, And How To Beat Them Read More »
“Home, Sweet Home” 2021 is shaping up to be a busy year for both property sales and home builders, thanks in no small measure to the pandemic-induced concept of “work from home, live anywhere”. If you are one of the many landowners about to invite a team of contractors onto your property to build your
Building a Home in 2021: The Dangers of Not Being NHBRC Compliant Read More »
“Who acts in haste repents at leisure” (Aesop) Our Festive Season is always a busy time for property sales, and this year should be no different – pent up demand, increased affordability, relocations, record low interest rates and availability of bonds are all factors likely to drive a busy property market for at least the
Before You Buy or Sell Property this Festive Season… Read More »
“By subscribing to the constitution, each member accepts the benefits stipulated in his or her favour by the other subscribing members. One of those benefits is that there shall be rules of conduct to give substance to the objectives and rights promised and conferred by the constitution … and that the other members will be
