1. 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
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Buying a rental property could be an incredible investment opportunity, however, it’s important to make a well-informed decision before investing, as it is not for everyone. Although investing in a
If someone leaves a sizeable estate behind, it may cause conflict among the possible heirs. The help of an attorney, when settling an estate after a death, can avoid unnecessary
Many industries are piecing things back together again this year, as they try to recover from the effects of the pandemic or recreate themselves to remain relevant in a changing
Post-1994, the lawmakers in South Africa have attempted to be inclusive of religion and gender, by passing the Recognition of Customary Marriages Act 120 of 1998, allowing for the registration
In the case of CM v EM it was held in the Supreme Court of Appeal of South Africa (“SCA”), case number 10861/2018, that: “The value of the Respondent’s right to future
On 1 July 2020, the enactment of the Protection of Personal Information Act (POPI Act) commenced, which will come into full effect on 1 July 2021. As its name states,
It was announced on 19 November 2020 that the national repo rate would remain unchanged at the historically low 3,5 %. While many were expecting an increase after a slightly
Since property transfers are some of the highest-value transactions that you may make in your lifetime, it naturally follows that you need to ensure that you don’t let your money go
On 28 September 2020, the Cape Town High Court handed down judgment in favour of Ms Bwanya directing that section 1(1) of the Intestate Succession Act 81 of 1987 (“the ISA”) is
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 which deceased estates are reported),
The prosecution of cybercrime in South Africa is regulated by the Electronic Communications and Transactions Act 25 of 2002 (“the ECTA”) and the Cybercrimes and Cybersecurity and Related Matters Bill (“the Bill”). Alongside these pieces of legislation exists the common law, as well as the
Buying a new home is always an adventure – but what if you’re still trying to bring a previous adventure to a close? Facilitating the transition of homeownership comes with an array of concerns that are unavoidable
If you are planning to buy a new property, you will need to get the title deed transferred into your name to prove that you are the owner of the
Buying a house is a big decision, one in which the buyer will have invested numerous hours of research, planning and careful consideration. It makes sense then that a buyer would want their property transfer to
Most sale agreements of immovable property contain a clause in terms whereof the purchaser agrees to buy the property voetstoots. The voetstoots clause is a common law principle which stipulates
It is very important for you to plan your estate, which could include a living will, a last will and a living trust. This can help families prepare for difficult
If you want to catch more fish, you cast a wider net. It’s simple logistics. But if we are talking about selling your property, the answer may be the exact opposite. While you do want the highest possible number
Conveyancing (or conveyance) is the legal term for the process whereby a person, company, close corporation or trust becomes the registered and legal owner of immovable property and ensures that
Purchasing a home is one of the biggest decisions most people will make in their lives. It makes sense then that this endeavour should be approached with diligent consideration and
Who your property is passed on to depends on whether you have a valid will or not. If you do have a valid will, then your property will be divided
Nature of joint ownership: Joint owners own undivided shares in the property which they own jointly. Consequently, the joint owners cannot divide the joint property while the joint ownership remains
The Protection of Personal Information Act was promulgated in 2013 and, for a long time, it was unclear when it would come into force. Now, the Act has become effective
Debt does not last forever, after a period of time it prescribes and becomes invalid. Prescribed debt can be explained as old debt that has not been acknowledged over a
Properties sold on auction is not necessarily the bargain buy everyone seems to think it is. This is because the property on auction isn’t necessarily being sold due to financial
I gave instructions to my attorney to prepare a last will and testament for me as my will no longer reflected my wishes. At my request, my attorney emailed the
“Is it pet friendly?” A question often asked by many potential buyers and tenants of Sectional Title units, which answer, in most cases, is a crucial factor in their decision
We’ve all felt like it – the hairs on the back of your neck standing up, sure someone is keeping an eye on you, watching as you receive a DVD
The threat of fake news to your business In the digital age, information is everywhere. At the click of a button a message can travel across oceans in the time
Room for improvement in the real estate industry The property market for 2020 initially proved to be a buyers’ market. Though with the rise of the COVID-19 pandemic and the
Why an estate plan is crucial We’ve all seen it in movies and novels: A young unsuspecting person wakes up one day to find out that they had been left
The full accrual of an estate during a divorce In the case of CM v EM it was held in the Supreme Court of Appeal of South Africa (“SCA”), case
The benefits of creating a trust Trusts are well-known to facilitate effective estate planning and continuity planning strategies. That said, setting up a trust – whether an inter vivos (between
Socially distanced property viewings The real estate industry has always been known for utilising the latest technologies available to bring buyers and sellers together. From announcements at Town Hall gatherings
What’s next for struggling businesses? South Africa has been experiencing very slow economic growth and international rating agencies have subsequently downgraded South Africa’s investment outlook to “junk status”. This, and
How is your property’s value being affected? Preparing a home that will soon enter the market is one of the first steps of the selling process. But these preparations, intended
Demystifying the executor of a deceased estate During a person’s lifetime s/he will gather assets, in other words, belongings such as a house or a motor vehicle. These assets and
Parental rights during the lockdown On 23 March 2020, President Cyril Ramaphosa announced a nationwide 21-day lockdown, which was extended by a further two weeks on 9 April 2020.On 30
How to Find the perfect tenant The success or failure of your rental property will be determined by the tenant you choose to live in it. When a bad tenant
Why is my property transfer taking so long? After signing a deed of sale, the purchasers often want to move into the property as soon as possible. When they are
Post-lockdown property At the end of the national lockdown, many South Africans will have gotten to know their properties better than the architects who designed them. For some, this time
Lockdown tips: Simple steps to take control of your finances The COVID-19 pandemic has spread across the globe and left economic destruction in its path. Now, more than ever, it
Safeguard your children’s inheritance Ensuring their children are cared for when they pass away is one of the primary reasons people draw up a will. But what happens when the
Parental rights in changing times When it comes to the structure of families, Bob Dylan described it adequately when he said, “the times they are a-changing’”. The liberation of sexual
Is the real estate market catering to everyone? Knowing who’s in the lead when it comes to the property market is difficult. The traditional progression used to be: Finish your
Sectional title schemes: A developer’s obligations A developer who wishes to establish a sectional title scheme on a piece of land where there is an existing building, has certain statutory
Co-realty in 2020 “…we may be about to see a shift of generational proportions toward [an]… array of real estate demands, ironically induced – at least partially – by technology.
The effects of expropriation without compensation For many whose homes are where their hearts are, the Draft Expropriation Bill, 2019, which seeks to legalise land expropriation without compensation, is proving to
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
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
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.
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
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
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,
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
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,
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
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
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.
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
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
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
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,
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
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
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
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
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
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
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
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
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
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
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.
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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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