January 12, 2017

Is my tenant responsible for the worn out carpet?

Is my tenant responsible for the worn out carpet? There are several damages a landlord can deduct from a tenant’s deposit. However, there are certain household items that will experience normal wear and tear over time. This is referred to as “fair wear and tear”. Fair wear and tear is seen as damage or loss […]
November 1, 2016

The Sale Agreement: Can I use the cooling-off period if I change my mind?

The Sale Agreement: Can I use the cooling-off period if I change my mind? The Consumer Protection Act has some serious implications for agents selling property – for one, a disgruntled purchaser can get out of a sale agreement within 5 days of signing it. Section 16 of the Consumer Protection Act states as follows: […]
October 20, 2016

I bought a property that has problems, what now?

I bought a property that has problems, what now? A seller’s protection under the “voetstoots” clause in a deed of sale for immovable property is not as “absolute” as some might think. It is still the seller’s duty to inform prospective purchasers about all latent (hidden) defects in a property. A seller’s failure to do […]
August 25, 2016

How can I lawfully evict my tenant?

How can I lawfully evict my tenant? You’ve discovered that the tenant renting your apartment has damaged several appliances, including the floor tiles due to irresponsible behaviour. Therefore, you have decided to terminate the lease contract and evict the tenant. Are you allowed to do that and how do you get started? Firstly, there has […]
August 25, 2016

Transfer of a property: Is VAT or transfer duty payable?

Transfer of a property: Is VAT or transfer duty payable? A purchaser is responsible for payment of transfer cost when acquiring an immovable property, but it should further be established if the transaction is subject to the payment of VAT or transfer duty to SARS. When an immovable property is transferred, either VAT or transfer […]
March 16, 2016

Fixtures and fittings

Fixtures and fittings Many transfer attorneys have heard the question from a seller: “May I remove the stove or the curtain rails or the shelves or the… ?” The most common dispute that arises between a seller and a purchaser is a dispute as to what is regarded as fixtures and fittings. The simple answer […]
March 16, 2016

Suspensive conditions in a deed of sale: know your obligations

Suspensive conditions in a deed of sale: know your obligations Imagine signing a deed of sale for your dream house and later discovering that the contract lapsed because you obtained bond approval one day too late. The situation could be worsened if the Seller receives a better offer for the house and accepts that better […]
February 18, 2016

So when am I authorised to act as trustee?

So when am I authorised to act as trustee? The Trust Property Control Act 57 of 1988 defines a trustee as meaning “any person (including the founder of the trust) who acts as a trustee by virtue of an authorisation under Section 6.” In the matter of Lupacchini vs Minister of Safety and Security (16/2010) […]
January 27, 2016

Co-ownership of land

Co-ownership of land The word “co-ownership” in relation to land means that two or more persons own land simultaneously in undivided shares. A share in land does not represent, and may not be held to represent a defined portion of land. A co-owner who holds a share in land does not hold title to a […]
December 10, 2015

Why is the transfer of my property taking so long?

Why is the transfer of my property taking so long? After signing a deed of sale, the purchasers often want to move into the property with great excitement and as soon as possible. When they are informed of the process involved prior to the property being transferred this may place a damper on their excitement. […]

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