The Garage Door That Had the Complex Up in Arms
Homeowners Associations (HOAs) and Bodies Corporate take note! A recent High Court decision confirms that you cannot enforce your rules and regulations inconsistently. At stake in this case was an HOA’s instruction to a homeowner to remove his “mirror finish” garage door, which contravened one of the estate’s architectural rules. But, as some damning photographs of other mirrored doors proved, the HOA had seemingly not enforced that rule consistently…
Home Buyer loses R5.5m in Phishing Scam – Don’t Make the Same Mistake!
It’s an exciting time, buying a property. But don’t let your guard down – cybercriminals love the lucrative pickings on offer from property transactions, and they never sleep!
We’ll discuss the recent Supreme Court of Appeal case of a widow who, in trying to pay over the purchase price of a house, lost her R5.5m when her email system was hacked and she fell victim to a textbook email scam. Why did the SCA rule against her? How should she have protected herself? We’ll address those questions and share 5 steps you should take immediately to avoid falling into the same trap.
Contracting with Trusts – Is a Majority Resolution Valid?
Many of us will either be involved in trusts as trustees or will contract with them as outsiders at one time or another – often in the context of a property transaction.
Beware! As a recent Supreme Court of Appeal decision starkly reminds us, trusts are strange creatures, and you need to tread carefully in dealing with them. We’ll look at questions of whether trustees must always act jointly and unanimously or whether it is enough for a majority of them to sign resolutions and documents. Our punchline is a strong warning note on what to look for when contracting with any trust.
Why an Oral Estate Agency Mandate Isn’t Worth the Paper It’s Written On
As Samuel Goldwyn humorously put it: “A verbal contract isn’t worth the paper it’s written on.”
To illustrate, we analyse a recent High Court fight over an agent’s claim to have been given a verbal mandate to find a development property for a buyer. The agent was found to have fulfilled her mandate, and the Court awarded her commission even though the sale agreement had been cancelled before transfer. The developer is left with a R450k (plus costs) bill, and no property to show for it. How and why did the agent win her case?
Property sales: “Conditional acceptance” of an offer is not acceptance, it’s rejection
A good offer comes in for your property, so you accept it. But you’re not happy with a few of the terms, so before you sign you make a few changes to the offer. Maybe they are big changes, maybe they seem inconsequential. Either way, you are now effectively negotiating, not accepting the offer. You […]
Can you use land use laws to close down a neighbour’s business?
“A bad neighbour is as great a calamity as a good one is a great advantage”. (Hesiod, poet of Ancient Greece) Your neighbour’s business is driving you to distraction. Perhaps it’s loud all-night music, or an invasion of your hard-earned privacy, or illegal parking in your driveway, but regardless of what the nuisance factor is, […]
Why buyers should ask for building plans (and why sellers should supply them)
“No person shall without the prior approval in writing of the local authority in question, erect any building in respect of which plans and specifications are to be drawn and submitted in terms of this Act.” (National Building Regulations and Building Standards Act) Here’s a nightmare scenario for a buyer – you move into your […]
“Pay extra for my generator or I’ll cut you off during loadshedding”. Can a landlord do that?
Loadshedding continues to plague us and our businesses, and when tenants are connected during power cuts to their landlord’s alternative power source – such as a generator – it is essential for both parties to understand their respective rights. Lights out for a shopping mall gym · An upmarket gym had relied for years on […]
A costly case of buyer’s remorse
A “Renovator’s Dream” and a case of buyer’s remorse · A couple viewed a house advertised as “a renovator’s dream” and they immediately decided to sign an offer to purchase for R550,000 (R20,000 under asking price). · The seller accepted the offer that afternoon (after the agent agreed to reduce her commission to R40,000) and […]
Security warning: Property sale cybercrime surges, and a new AI danger
This October marks the 20th anniversary of the globally observed “Cyber Security Awareness Month”, and with cybercrime continuing to surge, here’s a cautionary tale to bear in mind. You buy your dream house and pay the purchase price to the transferring attorneys (the conveyancers). Excitement builds as you wait eagerly for transfer and call the […]