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 […]
Your new house leaks like a sieve – Can you sue the seller?
You move into your new dream home, excited and happy. Until it rains, and the roof leaks. As the repair teams tramp around on your roof and the bills start piling up whilst you weave around buckets and tarpaulins and sodden carpets, you go back to the seller and demand recompense. “Sorry”, says the seller, […]
Landlords: You cannot cut a defaulting tenant’s water and electricity
Many a landlord is tempted to go the “self-help” route when non-paying tenants refuse to pay up and also refuse to leave. Holding costs mount with not a cent in rental income to show for it, the landlord gets desperate and locks are changed, access codes blocked, electricity and water cut off. But what if, […]
Leaving anything important out of your property sale agreement will sink it
Ensure that all the important terms of your sale agreement are recorded in writing and signed. Leave out anything “material” and, as we shall see from the Supreme Court of Appeal case discussed below, your entire sale could well collapse. At the very least, you face significant legal consequences, delay and cost. The omitted term […]
Property buyers: The danger of not doing your financial homework
“Look before you leap” (wise old proverb) Don’t let the excitement of buying a property blind you to the necessity of doing your homework before you agree to anything. Look before you leap! It’s not just a matter of buying the right property at the right price – make sure that your finances (and particularly […]
Is A Seller Held Liable To Repair A Leaking Roof After The Property Is Sold?
The Purchaser signs an agreement of sale with the Seller. The property is transferred into the Purchaser’s name. A month later, there were heavy rainfalls and the roof leaks. Is the Seller liable to repair the roof or the Purchaser, as the new owner? To understand which party is liable, one must appreciate the difference […]