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Clauses in Sale of Property agreements

Clauses in Sale of Property agreements The sale or purchase of a property is a very important transaction in one’s life. The parties to a Sale of Land Agreement will

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Red flags when buying property

Red flags when buying property You’ve found your dream home and you can’t be more excited, but there are few things to keep in mind before you sign the papers

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Freedom of defamation is not a thing

Freedom of defamation is not a thing It is correct that one has the right to freedom of expression, but it is important to remember that this right is limited.

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Estate Planning: Documents to live by

Estate Planning: Documents to live by If you can believe it, we are already at the end of January. With all the beginning-of-year struggles and excitement, there is something to

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Is an e-will valid in South Africa?

Is an e-will valid in South Africa? In terms of South African law, for a Will to be accepted as valid by the Master of the High Court (a statutory

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Your home away from home

Your home away from home Finding a holiday home isn’t as simple as choosing your favourite holiday spot and packing your bags. With the urge to buy a holiday home,

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Understanding mergers and acquisitions

Understanding mergers and acquisitions Mergers and Acquisitions (M&A) are a natural process of any business, although not all businesses go through this form of transition. Merging is when two companies

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Has your braai been approved?

Has your braai been approved? Every HOA has applicable building guidelines which are stipulated in a Constitution or Memorandum of Incorporation (“MOI”) which every homeowner should be made aware of,

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The validity of an e-will

The validity of an e-will In terms of South African law, for a will to be accepted as valid by the Master of the High Court (a statutory body to

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Methods of valuation

Methods of valuation A business valuation is a process whereby a value is placed on a business or a business unit, based on the historical and projected financial performance of

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Sectional title bliss

Sectional title bliss Where starter homes in quiet suburbs used to be the norm when it came to first buys for working professionals and young couples, it seems like J.G.

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Make the most of your rental property

Make the most of your rental property Investing in a property can be one of the best decisions you make. It is also one of the investments you need to

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What is a living Will?

A Living Will is a document regarding healthcare at the end of your life. It states that any treatment that would otherwise lengthen your life should be withheld in specific

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Shared titles, shared responsibility?

The case of Du Plooy and The Cascades Body Corporate and Another deals with a slip-and-fall incident by one of the owners in the scheme and member of the body

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Equal treatment for shareholders

Section 163 focuses specifically on the interest of minority shareholders. The protection of minority shareholders’ rights must be understood within the context of the provisions set forth by the Act,

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Looking for the perfect property?

For more than three-quarters of South Africa, renting a home is the answer to their residential needs. Many tenants, though, are falling into the cracks of the rental market due

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What is a company culture?

We all know that the term “culture” is defined as the values, practices and beliefs shared by members who form a part of the same group, but what does “company

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Can you deregister or terminate a trust?

There is no provision in the Trust Property Control Act, 1988 that requires the deregistration of trusts. However, this said, it does not mean that a trust can never be

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The National Health Insurance Bill

The National Health Insurance Bill was approved by Cabinet in 2017. The date for implementation of the NHI is 2025. The government formulated the National Health Insurance (NHI) in order

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Shareholders’ agreements 101

A shareholders’ agreement sets out how a private company should be operated and regulates the various shareholders’ rights and obligations. It is therefore important that a shareholders’ agreement be concluded

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Should you invest in student accommodation?

At South African universities and colleges, a massive gap exists between the demand for accommodation on campuses and the available spaces in the official residences. With more and more students

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How to become a successful real estate agent

You’ve chosen a career in real estate and cannot wait to get started, but you need to get your licence first. Now, what if we told you that getting your

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Muslim marriages: Is it recognised in South Africa?

All marriages entered in terms of Islamic law, are currently not recognised as valid marriages. For a valid marriage to be recognised in South Africa one must get married in

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What is important to your business?

Businesses, both big and small, are integrating corporate social responsibility (CSR) as part of their objectives and mission. This plays a key role in attracting and retaining employees, stakeholders, customers

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Tips for Investing in Property for Retirement

Have you ever wondered if real estate is a sound investment? Well, it certainly can be! There are people out there who have invested in real estate and created a

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Different types of home loans

In today’s economy, homebuyers often struggle to scrape together the money needed in order to buy their dream homes. Therefore, home loans have become so popular among prospective home buyers.

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How do our courts interpret Wills and Testaments?

It is trite that the law of succession aims to give effect to the wishes of the testator. Accordingly, when a person passes on and leaves a will or a

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Moving Out? What tenants need to do before moving out

We all know that moving can be stressful and time-consuming, but before you start packing your boxes, there are certain things that you need to keep in mind before move-in

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Sale of Property agreements: Types of clauses

Non-refundable or Forfeiture clause Sellers are sometimes sold on the idea of including a non-refundable deposit clause in the Contract of Sale. More often than not, sellers are under the

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Homeowner’s insurance for landlords

Apart from paying off a bond on a rental property, property investors/landlords are usually also paying for homeowner’s insurance. What is homeowner’s insurance? Homeowner’s insurance covers the property owner against

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Who will take care of your children after your death?

The Children’s Act, 38 of 2005 (hereinafter referred to as the Children’s Act) governs the laws relating to the care, contact and the protection of children. The guiding principle, in

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Matrimonial property regimes

My partner and I are getting married soon and have heard about the different matrimonial property regimes one can enter but I am not sure what the difference is and

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The South African law of succession

Mr Reyneke owns a farm in South Africa and in terms of his last will and testament he bequeathed the said farm to his two sons in equal shares. Mr

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Landlords & tenants: Can a tenant cancel a lease?

When it comes to cancelling a lease early, both landlords and tenants must be aware of their responsibilities. It’s important to note that the Consumer Protection Act (CPA) has been

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Land Expropriation Bill

During 2018, the African National Congress (ANC) announced its intention to drastically speed up the land reform process in South Africa when President Cyril Ramaphosa announced that he would be

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My neighbours are renovating

What one’s neighbour builds on their property, is not something the owner of the neighbouring property has a lot of control over. Unfortunately, it can have a negative impact on

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Maintenance of surviving spouse

The idea of freedom of testation is a core value of South African law and enjoys wide protection. The Maintenance of Surviving Spouses Act, 27 of 1990, was drafted to

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Collation in your will

The South Africa common law presumption of collation (collatio bonorum) is alive and well. This presumption is rooted in the belief that a testator intended that there should be equality

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Selling your property? How to stage your home

If you want to ensure that your property sells quickly, staging your home could help. If you stage your home, you are presenting it in the best possible light and

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Before buying a property

You’ve searched far and wide for the perfect home for you and your family, and you’ve finally found it, or so you thought. Buying a home, especially for the first

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Trustees’ duties and powers

All the powers of a trustee are ‘fiduciary’, which means that they must be exercised as follows: in the best interests of all the beneficiaries; only for the benefit of

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The Economy and the Property Market in 2019

There is no doubt that 2018 was a very challenging year for both the economy and the property market. As 2019 is in full swing, you can’t help but wonder

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Electronic signing of documentation

The commercial world is currently moving to greater levels of digitisation. Organisations are implementing automated and electronic solutions in an effort to improve efficiency and better the environmental footprint at

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New “expat tax” law amendment

National Treasury and the SARS officials on Wednesday 6th March 2019 confirmed that it is going ahead with its plans to implement an ‘expat tax’ amendment to the South African

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First-time home buyer?

Buying a property is a rather big deal, which is why you should be sure that you are able to afford it before you end up running into debt. Owning

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Before signing a lease

Tenants often take the signing of a lease agreement lightly and don’t read carefully through the terms and conditions. A proper lease agreement will ensure that both parties’ rights are

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Antenuptial contracts: Can I get one after marriage?

Couples who are interested in an antenuptial contract often make the decision to get one before they are married. That is the ideal scenario. However, some couples may have already

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Important steps for the transfer of property

The transfer process can take up to three-months, sometimes longer. There are different steps involved in the transfer of a property, these include: Instruction. A conveyancer receives the instruction to

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Important Notice to all property owners: Make sure you have a copy of your original title deed before 25 February 2019

PLEASE NOTE – Recent changes to the Regulation regarding application for a copy of your lost title deed now requires that: Your affidavit to apply for a copy of your

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What documentation is needed for buying a property in South Africa?

You’ve scoured the web for what feels like weeks, and you’ve finally found your dream home! You’ve put in your offer, and it’s been accepted. But before you can pack

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Why is it important to deal with collation in your will?

The South Africa common law presumption of collation (collatio bonorum) is alive and well. This presumption is rooted in the belief that a testator intended that there should be equality

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Buying property online

We all know the hassle of moving, even if it is just around the corner. Due to family reasons, employment opportunities, or university studies, it is not uncommon for people

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Renting property under debt review

“I’ve been struggling to pay off my debt and to manage my finances. As a result, I am now under debt review. Can I still rent a property even though

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Damage to property

What happens when your property has been purposefully damaged, especially during an altercation? Uber car torching During the road closures by meter taxis in Johannesburg on October 27 2017, two

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Important steps for the transfer of property

The transfer process can take up to three-months, sometimes longer. There are different steps involved in the transfer of a property, these include: Instruction. A conveyancer receives the instruction to

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How to rescue your business

Is your company experiencing financial strain? Are creditors breathing down your neck? Business Rescue proceedings may be a solution to your problems. Business Rescue is an approach that is governed

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How do I get copyright on something?

Whenever someone creates a piece of original work based on their own idea, they are automatically granted copyright on that creation. This includes work produced by authors, musicians, computer programmers,

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The A, B and C of service of legal documents

How are legal documents supposed to be served, and what is regarded as invalid service? Purpose of service of legal documents: The fundamental rule with regards to service is that

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Determining the grounds for informed consent

If a person gives consent without acknowledging, understanding and considering their rights beforehand, is their consent legal and permissible in court? In eviction proceedings, it is questioned whether the granted

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Gearing up for POPI compliance

The Protection of Personal Information (POPI) Act will soon be tabled in parliament. The POPI Act outlines how companies may collect, handle, store and discard the personal information of others.

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Is your business POPI compliant?

POPI refers to South Africa’s Protection of Personal Information Act which seeks to regulate the Processing of Personal Information. What is Personal Information? Means any information relating to an identifiable,

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Estate agents commission

Selling a home is one of the biggest financial decisions a person can make and an estate agent, to whom commission will be payable, is usually involved in this process.

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What happens after your house has been burnt to the ground?

There are definite steps that a homeowner will need to take if he ever has the traumatic experience of having his house burnt to the ground. Over and above all

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How to change your marital status to another form of marriage contract

Section 21(1) of the Matrimonial Property Act No 88 of 1984 provides that a husband and wife may apply jointly to court for leave to change the matrimonial property system

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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

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Capital gains tax and the sale of a property

Capital Gains Tax was introduced on 1 October 2001. Capital Gains Tax is payable on the profit a seller makes when disposing of his property. What is meant by Capital

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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

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The living will

Most people are familiar with a will or testament and understand the importance of having this legal declaration drafted, by which the testator nominates an executor to manage his or

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Road cyclists vs. motorists

The popularity of road cycling as a competitive sport and a form of transportation is on the rise. This naturally leads to major safety concerns and serious accidents among both

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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

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How to manage your debt

Alecia had big financial problems; she had too much debt and her expenses outweighed her income. She decided to open a new bank account into which her salary could be

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Some pointers for planning your estate

The main aim of planning your estate is to ensure that as much of the accumulated wealth is utilised for your own benefit and for the maximum utilisation of dependents

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Trustees of body corporate not allowed to disconnect electricity or water supply to a section as a debt collection measure

The default of levy payments is a frequent problem for the trustees of body corporates as well as the managing agent. It is the way in which the defaulting owner

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Tenant and landlord – what are your rights and obligations?

Sandra would like to move into her own place but like many people she is unsure what a lease is and what responsibilities it will place on her. A lease

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Are there limitations on ownership rights?

It is a recognised principle of property law that ownership does not confer absolute and unlimited entitlement on the owner, but that various limitations exist in the interest of the

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