Property Dispute Lawyers in Johannesburg
A property dispute can put a transaction, income stream or home at risk. Hugh Raichlin Attorneys helps owners, buyers, sellers, landlords and property professionals assess the legal position and pursue an appropriate resolution.
The initial telephone discussion is free and helps us understand whether the firm can assist. A paid consultation is arranged where appropriate. We aim to respond within one working day after receiving your enquiry.
Principal Attorney & Accredited Mediator
Property disputes, including lease disagreements and estate-agent commission claims.
This page is for you if…
- A sale has failed or the deposit is disputed.
- You discovered defects after buying property.
- An occupation, boundary or neighbour issue is unresolved.
- An estate agent's commission or mandate is disputed.
How Hugh Raichlin Attorneys can help
A property dispute is a disagreement about a transaction or the property itself. The useful first step is to identify the issue and the evidence that supports it, because the legal remedy (cancellation, damages, an interdict or payment) and the practical recovery of money or occupation are different questions.
| Issue | What to establish | Evidence to preserve |
|---|---|---|
| Sale or deposit | Whether the sale failed lawfully and what should happen to the deposit. | The offer, amendments, notices and payment records. |
| Defects | Whether a defect was undisclosed or misrepresentated and whether a voetstoots clause applies. | Disclosures, inspection reports, photographs and correspondence. |
| Lease or occupation | The correct notice, cancellation or eviction route under the agreement and law. | The lease, ledger, notices and proof of service. |
| Commission | Whether the mandate and payment trigger were met (see the commission page). | The mandate, transaction timeline and correspondence. |
Each dispute type has its own documents, forum and remedies. A remedy and actual recovery are separate questions.
Sale and defect disputes
We assess agreements, disclosures, inspection information, representations and the evidence of a defect or breach. The wording of a voetstoots clause is relevant, but it does not replace a factual and legal assessment.
Lease, occupation and scheme issues
We can coordinate with the firm's landlord-tenant and community-scheme services to identify the correct notices, forum and remedies.
Broker commission and commercial claims
Entitlement to commission depends on the mandate and the events that trigger payment. We assess the transaction history, competing causes and contractual wording before making or resisting a claim.
What to consider before deciding
Preserve useful evidence promptly
Keep agreements, amendments, advertisements, correspondence, photographs and expert reports where appropriate. Record dates and avoid destroying or altering evidence while trying to fix the underlying problem.
Remedies and recovery differ
Cancellation, repair costs, damages, an interdict, payment of commission or recovery of occupation are different forms of relief. Each has its own legal and evidential requirements.
Assess the commercial path
Negotiation or mediation may be useful, but court steps can be necessary. The choice should consider urgency, evidence, prospects of recovery and proportionate cost, without guaranteeing an outcome.
Common property disputes
- 1
Sale / deposit
A failed sale or a disputed deposit.
- 2
Defects
Undisclosed or disputed property defects.
- 3
Occupation
Unlawful occupation or eviction.
- 4
Scheme
Levy, governance or community-scheme issues.
- 5
Commission
Broker mandate and effective-cause disputes.
Each dispute type has its own documents, forum and remedies.
The next steps
- 1Explain the dispute and preserve the relevant evidence.
- 2Review contractual terms, legal grounds and desired relief.
- 3Choose a proportionate resolution or litigation strategy.
- 4Implement any agreement or order and address related transaction steps.
Information to prepare
All agreements and amendments; notices; a dated chronology; payment/deposit records; photographs and inspection reports; broker mandates; existing legal correspondence or proceedings.
Common mistakes to avoid
Do not assume every undisclosed defect proves fraud, sign a release without understanding it, use self-help against an occupier or allow settlement discussions to obscure a legal deadline.
Relevant experience for your matter
Hugh was attorney of record for Knight Frank, the successful respondent in Nach Investments (54/1999) [2001] ZASCA 13. The Court found the offer produced by the broker was the effective cause of the sale and commission was payable.
Hugh Raichlin
Principal Attorney & Accredited Mediator
BA, LLB · University of the Witwatersrand
Hugh Raichlin is the founder and principal attorney of HRA, established in 1993. He brings 40 years of legal experience, with a practice spanning commercial litigation, property disputes, family and divorce matters, estates and mediation.
View Hugh's profile
Abigail Sher
Attorney, Notary & Conveyancer
LLB · University of South Africa
Abigail Sher is an attorney, notary and conveyancer at HRA. She assists with residential and commercial property transfers, notarial work, antenuptial contracts and deceased estates.
View Abigail's profileFrequently asked questions
Can I claim for defects after a sale?
Possibly, but the contract, disclosures, knowledge and evidence matter. A factual review is needed before advising on a claim.
Does an agent earn commission simply by introducing a property?
The mandate and the agreed payment trigger matter. Effective cause can be important, but the answer depends on the contract and facts.
Can mediation resolve a property dispute?
It can be an option where appropriate. It does not automatically replace required court steps or suspend deadlines.
Can I get advice before cancelling a sale?
Yes. Cancellation can have significant consequences and should be assessed before a notice is sent.
Related services
Legal Insights
Useful sources
- Department of Justice and Constitutional DevelopmentStart here for court contacts and legislation if a disagreement over a property sale, occupation or commission needs legal follow-up.
Get advice on the property dispute in front of you.
Tell us about the agreement, the dispute and the evidence. We will assess the legal position and the appropriate next step.
What happens next?
Start with a brief telephone discussion so the firm can understand your matter and decide whether it may assist. That initial discussion is free. Where appropriate, a paid consultation is arranged, usually in person; remote arrangements may be considered.
You can begin through our AI-assisted WhatsApp enquiry service at any time. It gathers initial information and does not provide legal advice. Where the firm may be able to assist, an attorney ordinarily follows up within one working day after receipt. A message does not confirm an appointment, acceptance of a matter or action on a deadline.
Speak to Hugh Raichlin Attorneys
Visit us by arrangement at 1 The Avenue, Norwood, Johannesburg 2192. Call 011 483 1527 for new enquiries and existing matters, Monday–Friday, 08:30–17:00. For 24/7 AI-assisted enquiry intake, WhatsApp 011 010 8336. You can also email reception@raichlin.co.za.
Please send sensitive documents only when requested through an appropriate channel.